Response
Indian contract law gives us in-depth knowledge of broken link without paying any commission.
Section 27 of the said act mentions that the restrains in relation to the trade if any shall be considered void and is disallowed. Thus such restrains if so present will have no value under the provisions of section 27.
The employee if wishes to resign has the rights to do so even prior to the period specified in the employment contract.
However, if the employer demands a fine, the employee might be obligated to pay the fine as this cost usually is a compensation for the training or hiring process that the employer had and the amount invested for this by the employer when hiring the employee.
If the bond has something like deduction of some amount from your salary, you can break the bond by leaving that amount deducted . The organisation will let you leave that way. Usually, the employer dosen’t approch the courts in such unilateral bonds/ one way bond if the same had been broken.
However, they can’t deny the salary payment and if so did, a legal notice can be issued against them. A cause of recovery can be issued if after the reasonable time the action or the execution has not been carried out.
Reference: Section 27 of the Indian Contract Act, 1872 – – AHG30 – 202100585 – 16 – 7 – 2021001682021004111621
LAWAYZ-2023-886