Employment Bond Problem
sonam sarin
(Querist) 11 January 2010
This query is : Resolved
Dear Experts
My query pertains to Employment Bond.
"A" was appointed in a IT company as IT executive (clerical) and was asked to sign a Bond - wherein it was inter-alia mentioned that, in case "A" leaves job within 6 months of Joining- A will be required to pay two months Gross salary to the Company (in respect of which the Company took two post dated cheques from "A" in respect of the salary dues).
Now 'A' left the job within 01 month of joining as she did not found Company environment to be good for girls to work.
(long hours of work, depressing environment etc).
Now "A" do not want to pay the money to Company but has issued two post dated cheques
I request following answers:
1. What is the legality of such Employment bond and the negative covenant contained in such bond pertaining to two months gross salary?
2. Can "A" escape payment liability under the Bond specially when A has issued post dated cheques?
Awaiting your reply.
Thanks and Regards
SONAM
A V Vishal
(Expert) 11 January 2010
There is no escape from the situation. Your friend needs to pay as per the bond since the post dated cheques are in possesion of the company and the liability is legally enforceable since the cheques were issued in lieu of the bond. Try to negotiate with the management instead of seeking legal remedy.
Raj Kumar Makkad
(Expert) 12 January 2010
Your friend is bound to obey the bond in letter and spirit.
Vijayarajan
(Expert) 13 January 2010
Since A has tendered a cheque in advance it is very difficult to escape from the liability.
