Employment Bond
Ashish Modani
(Querist) 23 February 2016
This query is : Resolved
I have sign a bond with my employer for two years of serving him as a employee but now i want to quit this job after 4 months, can i do this without paying my employer indemnification amount? If it is possible, please provide valid section of law or reference number or case law.
Guest
(Expert) 23 February 2016
As you have asked for valid section, do you feel that sections of law are invalid?
By the way, what do you propose to do with the section of law after four months of joining, if you did not care for any section at the time of signing a bond?
However, if there is any reality in your description, better get the provisions of terms & conditions of your appointment and the bond examined in person by some service law expert, else fulfill the conditions of bond.
Kumar Doab
(Expert) 23 February 2016
You should preferably get all documents and communications related to employment examined by an able counsel specializing in such matters.
An able counsel can help you ascertain merits and options.
Rajendra K Goyal
(Expert) 24 February 2016
If you break the conditions of the bond you are liable to pay as per bond terms.
Ashish Modani
(Querist) 24 February 2016
@ps dhingra sir, i am strange to know that your in expert panel of this esteem forum..you should see the difference in your advice and other experts advices. If you get position, you should not use it to insult people, better you just ignore the query.
You have no idea of situation, person is facing who is posting queries in this forum, so you better give advice on what he/she asked rather than try offend him/her.
Other experts: Thank you for your valuable advice.
P. Venu
(Expert) 24 February 2016
The bond is enforceable only if the Company has incurred any extra expenditure in any specialised training. And it could be only through he due process of law.
However, you are required to give due notice before quitting.
RAJU O.F.,
(Expert) 24 February 2016
I don't feel that Mr. Dingra had insulted you in his reply. Any how, as you had executed bond the employer can invoke that, by preferring suit against you, which most of the employers do not proceed. If your nature of employment required training by employer and if the employer had spent substantial amount for you they may ask you to pay that amount.
P. Venu
(Expert) 24 February 2016
The employer can as well opt for Arbitration if the terms of employment provide so. It is quite often the case that the Arbitration proceedings turn out to be a Kangaroo Court.
Guest
(Expert) 24 February 2016
Mr. Ashish,
So, you are the judge to decide who should be expert and who should not be! Had you been knowing the laws on labour and service, you could not have come forard with such a nasty question.
Further, if you are really an employee and facing such a situation, you were not expected to ask for the section like the law students. The question arises, as an employee, in what manner you would use the section, as you have asked? You would have asked the straight solution, not the section. Still further, if you are an employee, you could have come forward with the conditions of the bond and would have enquired if there can be any let up for you in view of conditions, if any found to be void in law. So, I guess, you are only a law student, not an employee facing with such a situation.
Secondly, if there is even a slight truth in your story, the SITUATION you are facing IS YOUR OWN CREATION, not of Mr. Dhingra. Mindless signing of such employment bonds by the employees become the cause of their trauma later. So, why blame others. This is not the stage to question the bond conditions, which is already over by 4 nonths. You have signed a service agreement in the shape of a bond. So, you are obliged to fulfill the conditions of the bond.
Ashish Modani
(Querist) 25 February 2016
Mr dhingra, why is it so hard for you to take my query as reality and not fake, i don't know. As you are looking very curious to know situation i am facing rather than replying on my query, i share with you my situation.
I am an employee and i am actually facing problem that i have mentioned in my query, for your further information, i have signed the bond because my employer had promised me some other privileges at the time of joining job but he has not fulfilled it (for the matter of fact, he has lied to me and trapped me, so that i could join his company and sign bond with him).
My mistake was that i just relied on him and without taking any legal advice i have signed the bond.
I didn't wanted to make my personal situation public and that's why i had asked for simple solution that whether employment bond is legal or not and aksed for relevant section number, so that i can tell my employer that section number and we both don't get into any proceeding and save our time, but you are so ARROGANT that i had to publish it in public.
If you didn't wanted to reply on my query, why didn't you just ignored it?
Why you made so much issue of this little topic?
Because of people like you, people doesn't ask their queries oftenly.
You are defeating the main purpose of this forum, and now you can't say that i am judge and all...because this time i am a user i am feeling offended as member of this forum.
Ashish Modani
(Querist) 25 February 2016
Mr dhingra, why is it so hard for you to take my query as reality and not fake, i don't know. As you are looking very curious to know situation i am facing rather than replying on my query, i share with you my situation.
I am an employee and i am actually facing problem that i have mentioned in my query, for your further information, i have signed the bond because my employer had promised me some other privileges at the time of joining job but he has not fulfilled it (for the matter of fact, he has lied to me and trapped me, so that i could join his company and sign bond with him).
My mistake was that i just relied on him and without taking any legal advice i have signed the bond.
I didn't wanted to make my personal situation public and that's why i had asked for simple solution that whether employment bond is legal or not and aksed for relevant section number, so that i can tell my employer that section number and we both don't get into any proceeding and save our time, but you are so ARROGANT that i had to publish it in public.
If you didn't wanted to reply on my query, why didn't you just ignored it?
Why you made so much issue of this little topic?
Because of people like you, people doesn't ask their queries oftenly.
You are defeating the main purpose of this forum, and now you can't say that i am judge and all...because this time i am a user i am feeling offended as member of this forum.
Guest
(Expert) 25 February 2016
Mr. Ashish Modani,
You retorted with a long, but unsatisfactory explanation, instead of replying my very simple query, "what do you propose to do with the section of law after four months of joining?"
Instead of asking for a simple solution to your problem, if that really existed, your silence, itself, on my question causes doubt about your so called problem. I have already suggested you the solution to honour the conditions of the bond. But if you prefer hazy solutions without analysis of the referred document, the simple solution is to issue legal notice to the employer or hire services of some local lawyer to file a suit against the employer. But, I don't believe in suggesting such type of solutions.
However, Had you been facing such a problen, you would have preferred to send me a scanned copy of the bond through email to get my opinion, instead of such a long funny side-tracking description. But, I am sure, you won't send me any such copy of the bond.
Kumar Doab
(Expert) 25 February 2016
The agreements signed by your free will grant the right to your employer to prefer a suit.
Until you explain the matter in query you won't be providing the required and won't be getting the details examined.
Senior Expert Shri P.S.Dhingra has not posted any otherwise comment but has tried to counsel you and his counsel in all of his posts are for your benefit.
You have agreed that you should have consulted before signing on the dotted line and you have also erred by believing promises that were not reduced in writing and signed.
The employer may not be deterred even if you quote law,or sections.
Otherwise also the experts have given enough indication to proceed.
You may certainly consult an able counsel and your counsel may apply his skills and get you out of situation.
Your language and words used for a senior experts are offensive.
Still Shri P.S.Dhingra has offered to examine the details, if you send.
Rest is upto you.
Ashish Modani
(Querist) 26 February 2016
As Mr kumar doab have also mentioned that P S dhingra sir have tried to solve my problem but i have not quoted it properly, may be because i am not aware of how to put legal query, so for that i want to apolgies from P S dhingra sir from bottom of my heart, and also please accept mybl sincere apology for all the harsh word.
But in my view the way kumar doab sir have explained me was better than P S dhingra sir because from their first reply, sir is trying to accuse me that i am creating situation and lying here but this is not true that's why i felt offended, because without knowing actual situation sir have accused me only.
P S dhingra sir i will send you scanned copy tomorrow itself, but i am going to hide my employer's name from it because i don't want to make his name go public.
Please confirm as your email id:1962dcg@gmail.com
Guest
(Expert) 26 February 2016
Email ID is correct.
Kumar Doab
(Expert) 26 February 2016
Shri P. S. Dhingra is a thorough gentleman and agreed to counsel you, despite your offending and offensive language in your posts.
You can benefit from his rich experience and expertise.
In future get into the habit of consulting in advance and in time and learn the skills to handle employers.
