Hi I joined a company 1 month back but due to personal issues and husband moving out of station need to quit I signed a bond for a year but have not signed the offer letter the company has kept my degree certificate by miscommunication now I told him I have to leave they are saying serve a 2 month notice period.I have not taken salary for this month....what shud I do to get my degree I don't need any exp certificate...they will not pay me anything alsi
From India, undefined
From India, undefined
Firstly getting your certificate back is not a problem. It is not a good on which the employer can hold any lien. You had entrusted these to your employer and on your demanding to return it, if he does not do so, he is liable for offence under section 406 IPC. Send him legal notice in such a manner that he returns your originals and pays your due also.
Legally since he seems to have incurred no expenditure on your training, he cannot recover any damages through the bond under sections 73 and 74 of Contract Act. Validity of bond is also doubtful because that would also be subject to signing your offer of appointment. Under Shops and Establishment Act, unless you have rendered specified period of service, no notice period is required to be given to resign.
Thanks
Sushil
From India, New Delhi
221Legally since he seems to have incurred no expenditure on your training, he cannot recover any damages through the bond under sections 73 and 74 of Contract Act. Validity of bond is also doubtful because that would also be subject to signing your offer of appointment. Under Shops and Establishment Act, unless you have rendered specified period of service, no notice period is required to be given to resign.
Thanks
Sushil
From India, New Delhi
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