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SRINI RAO (SW ENGG)     16 March 2015

Bond for employment

Dear Sir,

 

Me, Srini, would like to request for clarification on bonded agreement with one IT employer.

They took the sign from me on the bond of  20rs paper ,and asked me to serve for 24 months. Initially I was not aware and had signed the bond,which is my mistake. Actually the content mentioned is, "From the signing date of the agreement, If i have'nt joined in the company or if  I resigned the job in below 24 months. I need to pay 1yr sal with is 10L plus.  The first is one is giving worry to me and is looking not ethical.

May i request you, to kindly provide, If i could nt join in the company, should  i have to pay any amount to the new company. As i havent joined till today and I am not willing to join. At this point I am not a employee of new company.

Could there be any issue in law wise.

Appologies for any clarity missing, in my writings.

 

Thank you very much

 

 



Learning

 5 Replies

Kumar Doab (FIN)     16 March 2015

 

 

 

The IT/ITeS/BPO/KPO/software have united/formed unions in many states and have also affiliated with trade Unions like CITU/INTUC/AITUC/BMS etc…………….

 

The perfect solution to the miseries of employees lies in uniting.

 

The united employees shall be well informed and can defend their interest from unscrupulous employers………………….and can negotiate the service conditions.

 

 

Are you aware that:

 

---- employee’s can form ‘Works Committee’ and that is an authority as per:

THE INDUSTRIAL DISPUTES ACT, 1947: CHAPTER II: AUTHORITIES UNDER THIS ACT: 3. Works Committee.

 

and it has to have equal number of members from employees side…………and President is from employees side

 

----Many states e.g. Karnataka has made it mandatory for all companies to form GRC (Grievance Redressal committee) in each company and it has to have equal number of members from employees side…………

 

 

The Bond/Service Agreement is drafted in lieu of what?

 

Is some extra ordinary favor is promised?

 

Is some certified training from some certified Instt. Is to be provided?

 

Has employer spend Rs.10 Lac on your training?

 

 

Avoid this employer.

 

Approach an able Labor Law Consultant/Service Matters Lawyer/law firm and your unions if you are perturbed.

 

Employee(s) should retain access to an  able Labor Law Consultant/Service Matters Lawyer/law firm.

 

 

Some agreements are not worth even the piece of paper on which these are written.

However show the documents to your able counsel and proceed under expert advise of your counsel.

 

Kumar Doab (FIN)     16 March 2015

Attached.

Anjuru Chandra Sekhar (Advocate )     16 March 2015

No employer can enforce that kind of agreements in court of law.  That is only playing with ignorance of people like you.  As per Section 27 of Contract Act agreements in restraint of trade and from pursuing lawful profession is void. 

 

----

 

Sec.28 Contract Act

Every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.

Exception 1 : Saving of agreement not to carry on business of which good will is sold – One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the goodwill from him, carries on a like business therein, provided that such limits appear to the court reasonable, regard being had to the nature of the business.

Kumar Doab (FIN)     16 March 2015

Attached.


Attached File : 737454275 inustrial disputes act 1947 (3).pdf downloaded: 103 times

T. Kalaiselvan, Advocate (Advocate)     19 March 2015

This agreement favoring the employer appears to be illegal hence can be ignored, however you may consult a local advocate and take his opinion by showing the papers to him.

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