Community › Forums › Legal Advice India › Help me escape this dungeon please.
- This topic has 10 replies, 5 voices, and was last updated 1 year, 5 months ago by
User_a8b06301.
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UUser_a8b06301
PARTICIPANT
January 13, 2025 at 4:16 amI worked at a Bangalore based start-up for 8 months, and I recently submitted my resignation. As per my employment agreement, **there is a bond clause of a month’s salary (₹70,000) which applies if I leave within 12 months of joining.**While I acknowledge this clause, I believe it feels superficial and unenforceable, as there were no specific training or onboarding costs incurred by the company that could be substantiated on paper.
On my announcement of resignation, the **company has also demanded a notice period of 90 days,** which was never mentioned in my employment agreement.
After discussions, they agreed to reduce the notice period to 30 days, but I now realize that I am unable to serve any notice period due to urgent family obligations.
My parents, both former government officers, expect me to **begin preparation for the civil services examination (UPSC) this year, which requires my immediate attention.**
As a final resolution, I am willing to pay the bond amount as per the agreement, provided I am relieved immediately without serving any notice period. I believe this is a fair and reasonable offer to ensure a smooth and professional exit.
***Am I doing this right?***
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YYashwantwolf589
PARTICIPANT
January 13, 2025 at 4:21 amHi ,30 days is good enough, and how does serving a notice of 30 days going to affect your preparation?
If your company agrees to accept a payout for the notice period then it’s good.
Also let me know what led you to decide to leave a 70k job and prepare for govt job and are you confident that you will crack it?
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UUser_a8b06301
OP
January 13, 2025 at 5:20 amDad is retired, mom is retiring soon, I must carry this legacy. I’m a good memorizer and retainer so I’m pretty confident, esp after the couple of mocks I’ve done.-
PPragatirider881
PARTICIPANT
January 13, 2025 at 8:17 amToo bad you don’t seem to have the necessary logical reasoning skills as well. 🤣
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HHappyyogesh6481
PARTICIPANT
January 13, 2025 at 4:28 amFrankly you seem to be at mistake here “legally” because you have agreed to certain terms at various points of your interaction with your employer and are now backing out of even second revisions of negotiated terms where as they could have easily made you follow first version of terms written or verbal.-
UUser_a8b06301
OP
January 13, 2025 at 5:16 amThe thing is, verbal does not hold I court. Every crucial interaction must be documented-
HHappyyogesh6481
PARTICIPANT
January 13, 2025 at 8:24 amEmployment terms even if published in an intranet site without written individual consent can be enforceable. All they have to do is publish a document. And also you want to go to court for 70k. Good luck at court
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UUser_58aa562f
PARTICIPANT
January 13, 2025 at 5:59 amLegally, you are required to pay the amount of the bond and serve the notice period as would be the part of your offer letter.Notice periods are there to ensure smooth transitions without impacting the company.
Weren’t you aware that your parents would be retiring this year and you would want time to prepare for the exams. This is just bad planning on your end and then blaming the company.
Also, make sure that you do crack the UPSC exam because in case you don’t and need references later, you can’t look up to this company. Most companies also do background verification through official channels meaning they will reach out to the HR or the founders and if you burn the bridge here you are not going to get a positive response there either.
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UUser_a8b06301
OP
January 13, 2025 at 6:01 amHi, notice period is missing from the employment agreement. More over there was no verbal or documented disclosure of any notice period.-
UUser_58aa562f
PARTICIPANT
January 13, 2025 at 6:36 amThere is a clause for a bond but no termination clause in the offer letter. Seems unlikely.But if that’s the case talk to the HR with a plan of transition that you can finish in 2-3 days. They should agree in that case
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UUser_a8b06301
OP
January 13, 2025 at 6:39 amwe are an 8 man team. No HR as such.
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