To my knowledge, such bonds are not enforceable only if -
(1) The employment agreement or bond, per se, must have been entered into by the parties with free consent, the conditions stipulated must be reasonable and the conditions imposed on the employee must be proved to be necessary to safeguard the interest of the employer.
(2) The employment bond will not be enforceable if it is either one sided, unconscionable or unreasonable.
(3) The amount of damages claimed from the employee for breach of the post training clause must be proportionate to the amount of money invested by the employer in training the employee concerned. More pertinently such bonds are applicable only if the employer has spent money on the personal grooming and enhancement of the employees but not just a training that helps employees perform better.
(4) Courts have generally held that employees' rights to livelihood must prevail over employers' interests notwithstanding a pre-existing agreement between the two. Therefore, any coercive act like retaining the original educational certificates should be avoided by the employers incase of bond breach by the employees.
(5) Non-Compete clause post termination of employment must be reasonable in terms of period of restrictive time and geography.
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