Employee Bonds
Shoaib Khan
(Querist) 15 June 2010
This query is : Resolved
Are employee bonds enforceable? what provisions deal with the same??
is there any remedy available if the employee does not show up after signing the offer letter?
Heaven 2011
(Expert) 15 June 2010
Behind the employee bonds there are no legitimate grounds provided by statute. It is mainly a practise by the ill mind corporate heads and legal professionals. Never ever sign any legal bond because once you sign you will be subject to that bond. However an offer letter is not at par with legal bond. But you should be careful while signing the offer letter because many companies include certain clauses in the offer letter which are in detriment to the interest of the candidate. If there is no such clause you may refuse to join even after signing. Take care.
Guest
(Expert) 15 June 2010
It is a settled principle in law that, if an employer spends his money and time to train/impart knowledge to an employee, he ought to derive the benefit out of it. So, obtaining Bond is not illegal.
With regard to the query, (i) employee bonds are enforceable (contract), (ii) The conditions mentioned in the offer letter to be seen for exact opinion. However, since there is no 'acceptance', ie., not joined the duty, I feel there is no liability on the part of employee.
mahendrakumar
(Expert) 16 June 2010
since he had signed the offer letter,will it not amount to an acceptance?
Shoaib Khan
(Querist) 16 June 2010
as suggested by Mr Mahendra kumar
signing of the offer letter by the employee is without any undue influence.. So should't it be regarded as acceptance??
