Regarding Bond Payment Notifications Because Left The Organization Without Serving Bond Period..

Hi,

I was employed in a private organization with a 1-year bond of 1 lakh, though they did not mention it during the placement presentation in college (but I don't have its written proof). After training in Noida, I got my project in Hyderabad, which was not my choice. I left the organization (because I got a government job) in the 8th month from the joining date without prior notice, stating that I have difficulty going to my home place and also due to some personal reasons, which were also true. I gave my resignation through email. After that, one or two more higher authority persons called me and asked for my reason for resigning. I told them the same reason about my personal family problems, etc.

After that, I received two notification emails (at an interval of 1 month) regarding the bond payment, with a sum of more than 1 lakh. I did not respond to them. Now, I received their final reminder stating that I need to pay; otherwise, they will transfer my case to their legal department, which may result in a case against me and also an entry in NSR.

I am in deep tension about whether to pay them or not. Kindly advise me on a solution. Thank you.

Hello,

Having said that, you were provided training and the terms of the bond were made known to you before your joining. You must respect its terms. If the company wants to set an example for other employees, they might seriously transfer the case to the legal department, and you will have to face the consequences. It is advisable to speak with the authorities and settle the matter amicably.

Thank you for your response, sir.

To whom should I talk? I am not from a good financial background. I have replied to the sender of those notifications and explained my difficulty in paying the large sum. However, he mentioned that it is a process and I have to pay. Is it possible to negotiate a settlement for a smaller amount by discussing this with them? Would it be acceptable to approach them in this manner? Additionally, could this situation potentially impact my current job? Please advise, sir.

Every agreement has its repercussions. If the sender of the notification is of no help, suggest speaking to the head of HR or someone from management (if the organization is not large). If they happen to put legal allegations on you, for sure this can affect your current job and even a government job. Don't think about the amount to be paid (as it is completely at their discretion) but speak to the concerned party without wasting much time.

Thank you for your response, sir. All the notifications that I have received are through email only. I haven't received any notice from them by post. So, should I wait for them because sending emails doesn't necessarily mean that the person has read them? Please reply, sir.

Hi,

The validity of a bond depends on a variety of things. Courts have given a whole series of judgments on the same. You can find lots of info on the net.

In your case, there is a bond of Rs. 1 lakh. There is training done. You have left for personal reasons (or so you have said). Your company accepted your request for relieving you on that account (not officially but by action). You need to speak to a lawyer and check whether their action amounts to a waiver.

The question is: What exactly did your seniors say when you told them why you are resigning? Did they tell you that you need to pay the bond? If they didn't, it may amount to a waiver. Of course, this is all on the phone, so there is no proof you have of their conduct. Incidentally, do you have a copy of the bond? Or was it signed and kept by them?

What was the training, and what is the cost of the training? The courts will not hold you to pay a bond amount higher than the cost of training. Further, you have already completed 8 months, so the bond amount payable will logically go lower.

Another critical point is, were you aware that you will be posted to Hyderabad and whether you agreed to the same?

There are various factors that count. The problem here is a. You are in a government job, and they may not take kindly to what you have done. B. Even if you are right, fighting in court is expensive and highly disruptive to your work and life.

If you can come to a settlement, that would be to your benefit.

Thank you for reviewing my problem.

I don't have the bond with me; they kept it with them, but it was not on stamp paper. In the joining letter, they mentioned that if you leave the company before fulfilling the bond, you will have to pay the training amount (1.5 MONTH TRAINING) and also reimbursement money, such as air tickets, hotel costs, etc. However, I did not opt for Hyderabad. At that time, if someone was not willing to go to their allocated places, they simply said that you can leave the company (though I don't have proof of this).

In fact, my government job did not give me much time to serve the notice period. Also, if I had told them earlier, they would not have allowed me to leave the company.

Your position is strengthened by:
1. You don't have the bond copy.
2. It is not on stamp paper. But as I said, taking this to court is expensive and disruptive for you. So if you can settle it, that would be a good thing. Incidentally, a bond on plain paper is not admissible in a court of law. If the document is stamped later, you can deny that the particular document is signed by you and that the document is forged/fake. (Note that a document cannot be stamped later; it has to be stamped before the parties sign it.)

Possibly now that they've come to know from other sources about your government job, they are threatening you for the same. But whatever is said and done, having things in black and white will serve as proof. Any verbal communication and discussion will not hold up in the eyes of the court. You can simply have a discussion with them and narrow down your options. Talking face-to-face will only benefit you.

Thank you for all of your valuable responses. But one thing more, should I wait for the letter from them at my place? Because one or more of my friends did not pay anything to their company even though they received the same emails regarding payment of the bond. They did not accept the letters from the company at their addresses, and thus the company had no proof of their addresses, so they escaped. This time, I have only received their emails, not anything else.