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Hi, I am working in a software company and I have signed a bond. Now, I have resigned. As per the bond, the employee has to pay 100,000. I am ready to pay the amount, but they are not accepting my resignation. How can I proceed? Can I go legally? If I go, how much time does it take?

Dear Rishi,

What is your designation? How many persons report to you? We need this information to determine whether the provisions of the Industrial Disputes Act, 1947, apply to you or not.

Whether the provisions of the ID Act 1947 apply to you or not, you may approach the Labour Officer (LO) of the area where your company is located. Generally, in big cities, there could be 8-10 labor offices. Identify correctly in whose jurisdiction your company lies. Approach the LO with proof of your employment such as an appointment letter, ID card, etc. Explain your problem to him. Please speak in the local language and not in English. If you do not know the local language, then speak in Hindi. Let us see whether the LO helps you. If your problem is resolved, then well and good; otherwise, we will consider the next course of action.

By the way, have you submitted an application to the MD explaining your problem? Without escalation, it would not be fair to approach the LO.

All the best!

Dinesh Divekar

Hi Rishi,

Please let me know whether the company has issued the detailed appointment letter. If yes, were the bond terms and conditions included in it? If you are willing to pay whatever is stated in the bond, what is the reason for not accepting it? Please clarify the reason with the company.

Regards,
Sunil Sharma
9990632794

It is illegal to demand any bond, monetary at that. You may seek remedy by contacting the labor office of your region. You may mention the fact to your employer; they may return the deposit and accept your resignation.

Dear Rishi,

I have replied to you through my earlier post as well. These bonds are illegal in India, and only IT companies are adopting these illegal practices. They will not stand in a court of law.

Please read my attachment to get the full knowledge.

Dear Sunil,

The offer letter did not mention anything about a bond; the bond details were provided in a separate letter. The reason they are considering stopping me is that if they release me, someone else who is currently bound under the bond will resign.

First, bonds as such are not illegal.

There is enough detail in posts here about it; you can read and understand under what circumstances it is allowed.

You have not given any details of the bond or your employment period, so I assume it's a legally enforceable bond.

No one can force you to work where you do not want to do so. No one can force you to work after the notice period, irrespective of whether they have accepted the resignation. The bond only defines the amount you need to pay to compensate the company for training costs.

So what you need to do is to send a resignation in a manner that there is proof of it being sent. Send again by registered post if necessary. Then serve your notice period. Intimate them about your last working day and ask for the relieving process and handover.

After the last day, or on the last day, send a letter (again proof of delivery is important) offering to pay the bond amount and ask them to clarify the exit procedure, to whom the cheque is to be sent, and ask for your experience certificate. Don't send the cheque till they officially reply to you and confirm that the encashment of the cheque will be an official release.

Only remember that if your future employers want to do a background check, you will have a problem, so be upfront about what happened here.