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Received notice from company since friend absconding from company
22-Oct-2023 (In Labour & Service Law)
My sister absconded from one of the mnc company due to some health issues and there was no bond signed by her. We received few couriers. 1st and 2nd one was about absence from work. Today we received a another courier stating that she has to pay 50000 rupees amount or else they would take legal action against her. We did not find any information regarding the payment if one has absconded from the company in the Terms and conditions of the company.
You are not entitled to pay any such amount
Such a bond is not enforceable under Indian law as it is a penalty clause.
However, you need to plan the exit smartly so that your money/salary is not stuck with the employer at the time when you are leaving.
What happens very often is that the company refuses to pay for your work done during the notice period, and they claim that they are appropriating the salary of the notice period towards payment of compensation for breaking the bond etc - if that is the case, ask them to put it down in writing. If they refuse to write it, tell them that you are ready to give a notice, but they if they are refusing to pay you are not legally bound to serve the notice period.
You are not legally required to pay any money towards the company when you quit. Some case law suggests that an employer can recover training costs, but here the training costs cannot be very substantial. If they claim it, they need to establish what they have lost due to breach in a court of law, which is very difficult.
Such a bond is not enforceable under Indian law as it is a penalty clause.
However, you need to plan the exit smartly so that your money/salary is not stuck with the employer at the time when you are leaving.
What happens very often is that the company refuses to pay for your work done during the notice period, and they claim that they are appropriating the salary of the notice period towards payment of compensation for breaking the bond etc - if that is the case, ask them to put it down in writing. If they refuse to write it, tell them that you are ready to give a notice, but they if they are refusing to pay you are not legally bound to serve the notice period.
You are not legally required to pay any money towards the company when you quit. Some case law suggests that an employer can recover training costs, but here the training costs cannot be very substantial. If they claim it, they need to establish what they have lost due to breach in a court of law, which is very difficult.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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