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Soham Banerjee   20 March 2016

Employment bond

Hi All,

I have signed an employment bond with my current employer stating that I will be provided training for first 6 months and after that I need to stay with them for minimum of 1.5 years otherwise the penalty is going to be of 1 lac.Now I have completed 1year and 4 months and have resigned as I am getting better opportunities.I have also suggested them I am willing to pay the remaining amount i.e comes down to approx 25k which is the remaining time i.e left for me to serve the 2 year period.But still they are reluctant and want me to pay the whole amount.

There are slso some points which I think I should highlight:

1.They have never imparted any professional training but in the bond paper it clearly states that they need to do that.

2.They have not given my share of variables as I am into sales and I have achieved my target.They are linking the same to a collection factor about which we were not communicated earlier.

3.There have been repetitive salary delays and I have a mail from the top management stating this would continue for atleast another 3 months.

Kindly help me in what I should do next. 

 



Learning

 8 Replies

dr g balakrishnan (advocate/counsel supreme court)     20 March 2016

Employment bonds are some salery document. so issue a legal notice detailingnall u want to sat=y tgru an advocate to the employer; wherein meention if said dues are not paid to you you will move liquidated damages foe breach of contractual ters.

 

waot 3 weeks and inform them you are moving the labor commssioner as also a writ at high court relevantbesides lodginh FIR with police for crinal breach ofb trust.

dr g balakrishnan (advocate/counsel supreme court)     20 March 2016

do not sign bonds for employment it is like a bonded labor sir, in which case use bonded kabor act.

Soham Banerjee   20 March 2016

Really thanks for your reply.Also to add I have one more point also some of mycolleagues were hired implying the same bond but eventually they were fired citing reasons of non-performance.How can an employment bond be one sided.I was also given clear instructions by my manager that you can move out ifyou get better opportunities.When I explored and got one they started using the bond trick to hold me back.

SABYASACHI   21 March 2016

I am working for a consulting firm. Myoffer letter states that once I become permanent, I need to serve notice period of three months in case I want to quit the organization.

I joined the company one year back. Now for all the new joiners, at my level, it is written in their offer letter that they need to serve notice period of two months . So my question is that,for the same entity, and for employees having same designation, is it legal to have two different notice periods?

Any answer regarding this will be much appreciated.

Kumar Doab (FIN)     21 March 2016

1. The ground for so called Bond or 'Service Agreement' was training and according to you, that was never provided. Hence the Bond/Service Agreement' may get termed as unconscienable/unenforceable/void.

 

2. If you have got the circulr/perfromance data then you can cite the Breach by employer and render it unworthy of being employed with.

 

3. Although employer has communicated in writing still  you may be able to cite the Breach by employer and render it unworthy of being employed with.

 

However it shall be appropriate to show all relevant docs on record to an able counsel specializing in such/labor/service matters before you proceed on your own.

 

dr g balakrishnan (advocate/counsel supreme court)     21 March 2016

not legally valid, can be contested as a fraud played by employers.

jyotirmaya behera (advocate)     21 March 2016

If you management saying like that then can leave that company and join another. Before your resignation you have to collect that document where they stated “you can move out if you get better opportunities”.

Agreement as well agreement if there is any breach of agreement, as per the terms and condition you have to penalized.

 

Jyotirmaya Prasad Behera

9132319262

Kumar Doab (FIN)     24 March 2016

The servant shall choose the master. No permission or reason required to severed employer-employees relationship. Employees can resignation by or without citing any reason.

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