Service bond
Deepak
(Querist) 16 October 2014
This query is : Resolved
Hello Sir,
I a working in auto sector domain.I currently resigned from my company.But I have singed 1 year service bond on 100rs stamp paper.It is not notarized or registered and don't have any witness sign on it.
Company signed this bond because they sent me to onsite training (US) for 3 months.
But actually it was not a training. They assigned me pure project work and my complete onsite billing is charged to our US customer.
I have not got any training and my current company already charged my onsite visit expenses and project hour billing to our US customer but still they are asking to pay 3 Lacs(for onsite expenses) from me before leaving the company.
Is it legal?
If it is illegal what should I do?
Please suggest.
Regards,
Deepak
ROHIT SHARMA
(Expert) 16 October 2014
Dear Mr. Deepak,
1. This bond has no legal sanctity since such features are needed to be incorporated in the appointment letter and not by a separate document. This was an additional document prepared by them so that they can misuse it to their advantage.
2. The fact that you were made to believe that you are being put on training but in fact you have done actual work and not training with the foreign customer since you were actively associated with actual project work and your company had even charged such customer for your onsite visit expenses and project hour billing then this demand made by them for onsite expenses is certainly illegal.
3. I do not think they have endorsed such demand in writing. Even if they do so and send you a legal notice you would be in a better position to reply to the same without acceding to their demand.
4. If need be for further in depth discussion you can get my contact details by clicking my name shown in the L.H.S. margin of this reply format.
P. Venu
(Expert) 17 October 2014
Reply to their demand, preferably through an advocate, setting out the facts and denying your liability.
Rajendra K Goyal
(Expert) 17 October 2014
If you have signed any agreement / bond you are liable to abide by the terms of it.
ajay sethi
(Expert) 17 October 2014
it is better you work for period of 1 year as per bond executed by you . in the vent you dont want to work for period mentioned in the bond deny that you were sent for training . you ave to mention that you were sent for project work and that company has billed its customers for said project
Kumar Doab
(Expert) 17 October 2014
If employer has drafted and signed some private agreement with employee then it is not at all necessary that employee has to abide by it as the agreement may be unconscionable, unreasonable, illegal, void, unlawful,unenforceable...................
Based on the points posted by you in the query, you are not liable.
Your lawyer may opine that you can allege fraud......................and sue the employer. An attorney in US can pull the rug under the feet of employer and alert the US entity too! The US entity may act immediately.
If you have evidence in printed version to support your points it is much better.................and you shall have all merits on your side.
Such employers and their attorney's in Line Management, HR, legal cell are not fit to be left to loose around in a civilized society.
T. Kalaiselvan, Advocate
(Expert) 19 October 2014
I support the views of expert Mr. Barman because the author seems to be a regular visitor with such or other queries which appear to be more academic than a real problem.
