Need Bond breach information
Bharat chhabra
(Querist) 29 January 2016
This query is : Resolved
Hello My name's Bharat.Recently i got a job in a big company.Surprisingly,On my first day they called a lawyer and asked me to sign the bond for 1 year.If i would breach it,I have to pay 1lakh to the company.However I did manage to dodge them on my first day.And i have my plan to migrate to canada for the higher studies from september this year.It equivalent to almost 7months.But i really want to join this comany.So please help me, If i would breach this bond,Does they could have any chance to take action against me.?
Kumar Doab
(Expert) 29 January 2016
Don't sign the Bond.
If you sign by your free will company can pull you to court and you shall need to contest.
In lieu of what extra ordinary favor say some training from some certified Inst.. the company is creating the Bond?
Did the company mention in job advt,interview call letter, offer letter, appointment letter that you will have to sign some Bond?
Has any appointment letter been issued and supplied to you?
Have you left any previous employment to join this company?
Bharat chhabra
(Querist) 29 January 2016
Thank you so much for your reply sir.
Yes sir,they did mention several times while taking interview of signing a bond..Like Are u ok with this?I haven't got the offer letter yet.They told me to get a offer letter on 2nd day but i didn't go there on 2nd day out of fear of signing a bond?
Yes i leave my previous company to join this company..
Although kumar Doab sir I really don't am i saying right or not?But i wants to know that acc to section 27..they cannot sign up a bond..and even if they are really doing it,then they are only be eligible to get the money that they will impose on me for training...?
Sir shed off some light onto this..
Kumar Doab
(Expert) 30 January 2016
You have not answered to all points, pointwise.
Did the company mention in writing at all?
and Whats is this training: related to products/processes/strategies etc Or some specialized training that will add to your qualification and extra ordinary skills?
Have they mentioned about details and curriculum of training?
Are you a member of any employee's/trade unions?
The company can very well put up a document before you to sign and accept but it is upto you to examine it and sign or decline.
Once you sign the company can stake a claim on you to pay the liquidated damages........It is upto you to pay or decline to pay citing reasons.
If the matter lands up in court of law it shall be decided on merits e.g. ordering you to pay in full or in part or the claim of the company shall be rejected.
Do you have copy of the Bond with you.
It shall be better if you show it to an able counsel before signing and let your able counsel draft some communications (to e submitted under proper acknowledgment) to build some irrefutable record and defend your interest in future.
Hope you are satisfied.
Approach an able counsel alongwith elders of your family.
Rajendra K Goyal
(Expert) 30 January 2016
If you want to proceed for studies, do not sign the Bond.
Rajendra K Goyal
(Expert) 30 January 2016
Repeated at:
http://www.lawyersclubindia.com/experts/Bond-breach-information-581811.asp#.Vqyz5LJ97IU
As anonymous:
http://www.lawyersclubindia.com/experts/Bond-581746.asp#.Vqy0crJ97IU
http://www.lawyersclubindia.com/experts/Bond-581741.asp#.Vqy0drJ97IU
