Jayanta (Service) 13 March 2009
New prospective employer wants Bond on stamp paper to be executed so as to bind new entrant for a specified period. When employee is not assured of permanent / confirmed job, without this bond, no employment. Is there any escape route to avoid legal binding since one has funamental right to change employment as company is not spending any huge amount for training and thus can not claim loss of training expenditure, if one leaves. Kindly advise.
Thanks & Regards,
BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 13 March 2009
NO BINDING EFFECT OF BOND , BUT CERTAIN AMOUNT IS SPEND ON TRAINING THEN REASOBNBLLENESS TO stay for certain period , court may take into account.
U R VIEW IS CORRECT, but subject to above.
Manish Singh (Advocate) 13 March 2009
rihtly said by Mr Rasputra, just sign the bond since its enforceabilty depends upon the nature of the work undertaken by you and as provided by the employer. if they are not goin to spend any money/ time etc on your tarining to suit their needs , then you need not worry for any bond.
PALNITKAR V.V. (Lawyer) 14 March 2009
Even if any bond is executed, no contract for personal service can be specifically enforced. The person committing breach of bond is liable to pay only damages. The quantum of damages depends upon a number of circumstances.
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