Community › Forums › Legal Advice India › Bond breaking
- This topic has 37 replies, 12 voices, and was last updated 1 year, 4 months ago by
User_2e74535b.
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UUser_f1592dbc
PARTICIPANT
February 18, 2025 at 4:58 amI joined a company with a three-year bond and an initial salary of โน10,000 per month. Initially, they stated that my salary would increase by โน10,000 each year. However, after joining, I discovered that the actual increment is only โน5,000 to โน6,000 per year. Additionally, the company has retained my original school certificates and three blank cheques with my signature. I just want to leave the company without any conflicts.
Any suggestions please…๐ -
EEpicowl9962
PARTICIPANT
February 18, 2025 at 5:45 amWithholding original documents may be proved to a crime. This is scam to a considerable extent. Name the company. Personal documents are not their properties.-
UUser_f1592dbc
OP
February 18, 2025 at 6:27 amSir/Madam, the certificate is not my main concern, as I understand I can retrieve it once I resign. My primary concern is finding a way to leave the company smoothly and without any conflicts. Thank you for your concern.”-
AAnshulmaster906
PARTICIPANT
February 18, 2025 at 7:19 amYou cant leave smoothly until they have your original documents and blank cheques . I would he more worried about those checks-
UUser_f1592dbc
OP
February 18, 2025 at 8:41 amFor that i am thinking if i can get off with any medical certificate
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SSilentwolf2293
PARTICIPANT
February 18, 2025 at 12:45 pmOpen new bank account in different bank and close the bank account or contact bank and state your chequebook was stolen and get the check cancelled. Then find a job, put your resignation. If they try to create problem, complain to state labour dept and keep them in cc. Site the laws which refers to bonds being illegal.-
UUser_f1592dbc
OP
February 18, 2025 at 12:50 pmBut i got educational loan from that account so i am not sure i can close it by now-
SSilentwolf2293
PARTICIPANT
February 18, 2025 at 12:55 pmTry to get checks cancelled first. Else you can talk to bank and close the savings account and just keep loan account.-
MMightyaadya5702
PARTICIPANT
February 18, 2025 at 3:26 pmHe can do this. Balance transfer to another bank account in same bank. For original docs, forget about it as the univeristy/ school can issue a new one. Check with institution.-
UUser_f1592dbc
OP
February 18, 2025 at 4:46 pmYes, I can obtain new certificates. However, my concern is that they will not be able to withdraw money from my account since I will not be depositing any funds. However, if I insist on resigning, they may deposit the cheque into the bank. If there are insufficient funds in the account, the bank will bounce the cheque, which could give them legal grounds-
MMightyaadya5702
PARTICIPANT
February 18, 2025 at 4:49 pmThen request bank people to issue new chequebook and say old cheque book is lost. Any older cheque’s will be automatically canceled. Be careful, cheque’s are very important.
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UUser_2e74535b
PARTICIPANT
February 19, 2025 at 10:10 amDon’t do that. If they try to cash the cheque and the cheque bounces, it is a criminal offense and will be used against you. If you have the offer letter or service agreement where it is mentioned that your salary will increase by 10,000 per year, you better go the legal way. Or get on papers/mail/ any way you can prove that they took the blank cheques for so and so reason. Inform the bank also about it. Talk to HR first, clarify things. If still not satisfied, lawyer up.-
SSilentwolf2293
PARTICIPANT
February 19, 2025 at 10:16 amWell, company also have to prove for what reason they got blank cheques from employee apart from bond and agreement they donโt have anything signed or transactions to show loan, so on what basis they will go after op upon bounce? What fraud they can possibly declare? Bonds are illegal so they canโt use that.-
UUser_2e74535b
PARTICIPANT
February 19, 2025 at 10:19 amThat’s why I said, to get it from them in any form for what reason they took the cheques. That will prove to be in your favor. In the meanwhile to inform your bank also. -
UUser_2e74535b
PARTICIPANT
February 19, 2025 at 10:25 amBonda are not completely illegal. But the amount they mentioned in the bond can be illegal. Given that they provide the training to the employee in their org.-
UUser_f1592dbc
OP
February 19, 2025 at 12:43 pmThe bond states that if an employee leaves the company before the bond period ends, they will be required to pay a specified amount as a training cost penalty. To enforce this, the company obtains a blank cheque as part of the bond agreement, with the cheque number also mentioned. -
UUser_f1592dbc
OP
February 19, 2025 at 12:50 pmThe bond states that if an employee leaves the company before the bond period ends, they will be required to pay a specified amount as a training cost penalty. To enforce this, the company obtains a blank cheque as part of the bond agreement, with the cheque number also mentioned.-
UUser_2e74535b
PARTICIPANT
February 19, 2025 at 1:30 pmHave they provided you training? And what is the penalty amount they have mentioned?-
UUser_f1592dbc
OP
February 19, 2025 at 3:49 pmThe bond states that if a trainee breaks the agreement within one year, they must pay 75% of the โน2 lakh penalty, and if they leave after two years, they must pay 50% of the penalty. However, no external trainers were hired for our training; instead, only senior employees in the office provided us with basic training.-
UUser_2e74535b
PARTICIPANT
February 19, 2025 at 3:54 pmReach out to HR, if that doesn’t work, go the legal way. It might take some time, but it’ll work in your favour.
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MMegaroopa5283
PARTICIPANT
February 18, 2025 at 8:41 amIf I were you Iโd get those cheques cancelled first and foremost, I am not a lawyer though-
UUser_f1592dbc
OP
February 18, 2025 at 8:45 amAfter giving the cheques signed with past date how can i cancel it now-
UUrbanjayant3854
PARTICIPANT
February 18, 2025 at 11:26 amyou can ask the bank not to honour it. Not exactly sure of the process -
MMegaroopa5283
PARTICIPANT
February 18, 2025 at 2:46 pmYou have to write a letter to the bank with the cheque numbers simply requesting them to cancel the mentioned cheques.
No reason required.
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UUser_eaa9d48f
PARTICIPANT
February 18, 2025 at 9:21 amWhere did you join for 10k a month?-
UUser_f1592dbc
OP
February 18, 2025 at 12:40 pmConsidering my family situation i joined there but now i just want to get another job and resign this ๐-
UUser_eaa9d48f
PARTICIPANT
February 18, 2025 at 12:41 pmWhere are you located?
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AAlpharajesh8746
PARTICIPANT
February 18, 2025 at 11:53 amI would suggest close the bank account first and open a new one.-
UUser_f1592dbc
OP
February 18, 2025 at 12:37 pmI got educational loan from that account so i am not sure i can close it
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SSilentayush6118
PARTICIPANT
February 18, 2025 at 12:25 pmWhat in the motherf*cking slavery is this?For 10k salary they took possession of your certificates and also took blank cheques from you??
This is criminal. You shouldn’t be working in this company at all, you’re not a damn slave.
Write them a proper letter that you need your documents back along with the blank cheques, tell them that you’re willing to serve the standard notice period of 30 days before leaving and quit that place as soon as possible. Also if they don’t oblige then make a LinkedIn post, let everyone know about this company.
They have no authority to withhold your original documents and bonds are not legal in India.
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UUser_f1592dbc
OP
February 18, 2025 at 12:42 pmI’m thinking to give some medical certificate and get off the company but not sure they will accept or not
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LLuckykaur5182
PARTICIPANT
February 19, 2025 at 11:59 amI understand the desperation that might have made you give someone signed blank cheques like that.– Request the bank to stop payment on those 3 cheques. This is how to do it in HDFC: [https://www.hdfcbank.com/personal/useful-information/stop-payment-of-cheque](https://www.hdfcbank.com/personal/useful-information/stop-payment-of-cheque)
– Meanwhile, think of obtaining duplicates of your original school certificates.There is no possibility of leaving the company without conflicts, the management members are ach-holes to keep your certificates like that, which is a clear violation of your fundamental right(Article 21).
After leaving the company,
– First, politely ask for your certrificates
– If they don’t then inform them that you are contacting the labor commissioner-
UUser_f1592dbc
OP
February 19, 2025 at 12:37 pmThanks for understanding my situation..the thing is i dont know the way to leave the company because in the bond they mention they will charge rupees upto 1lakh if i break the bond..-
LLuckykaur5182
PARTICIPANT
February 19, 2025 at 1:53 pmEmployment bonds are rarely enforceable in India.
The bond amount needs to be reasonable and proportional to the training provided if any.
There isn’t the remotest chance that a court will hold a 1 lakh bond on a 10k salary reasonable.After instructing the bank to stop payments on the cheques and obtaining duplicates of your original school certificates, apply for interviews elsewhere.
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UUser_f1592dbc
OP
February 19, 2025 at 12:51 pmThanks for understanding…but the thing i dont know the way to leave the company because the bond states that if an employee leaves the company before the bond period ends, they will be required to pay a specified amount as a training cost penalty. To enforce this, the company obtains a blank cheque as part of the bond agreement, with the cheque number also mentioned.-
LLuckykaur5182
PARTICIPANT
February 19, 2025 at 6:35 pmDid you read the part where I stated how you can stop payment on cheques?-
UUser_f1592dbc
OP
February 20, 2025 at 3:12 amYes, I have reviewed the information, and I will visit the bank to request the cancellation of the payments on those three cheques.
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UUser_f1592dbc
OP
February 19, 2025 at 4:12 pmThank you for all the suggestions, everyone. I am not sure, but if I obtain a medical certificate to resign from this job, I am unsure whether the company will accept it. However, if they do, what would be a valid medical reason that could justify resignation? Any suggestions?
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