Bond breaking

It is not as easy as one thinks of breaking bond .There are serious consequences which will happen without our knowledge.

Because it is more favoring the Employer .This is because of the legal route adopted by the Employers for enforcement of the Bond ,Employers go through the process of Arbitration and get an award very many times exparte i.e in the employees absence .The advantage for Employers is because the Employees are reluctant to part with their address and the Employer goes for service of notice on the old address and gets the verdict from the Arbitrator in their favor.The scope of the appellate process against such awards is very limited and the award by the Arbitrator is confirmed.The instances of Employees resisting such claims is minimal.Once the Employer gets the verdict the time for enforcement is 12 years.

Therefore it is better to plead to your employer to relieve you from the obligations of the Bond by sending an “Escalation Letter "to the Higher up than your HR Head say if it is an MNC to the HQ.It may sometimes work.In case this also does not work out you can send a “Frustration Letter” for the record.In case there is legal case this letter may help.For getting the letters you need to take legal help on your specific facts.

The other option exposed by case law on enforcement on negative covenants is where the Employer is forced to terminate the Employee instead of the employee resigning . This option needs to be exercised and dealt with great care as you might have other issues cropping up. .If there is termination then the Bond cannot be enforced.

"Also creating an Employees Forum with an All India Network to provide Legal Assistance at nominal cost to defend Bond cases on the Employees side can be a solution.This can match the legal strength of the Employees." 

                                                                                                                                                 Ref. :- VS Rajan Associates.


more at https://www.citehr.com/275647-job-bond-breaking.html#ixzz1CJ18oDJI