pramod (student) 11 June 2008

cought in company bond

hallo,
my sister was working in firm situated in hydrabad, she was relocated for the job. while joining the firm she was asked to sign bond which stated that she suppose to recieve training of 1yr and after that work for 2 years but before traning she got married and shiftefd to mumbai she asked her employer to transfer her to mumbai office but employer denied that so she resigned the job as she got pregnant mean while and it was imposible for her to resume to job. and now also due to child who is not evern 1 year old she can not resume to job.
but now employer is sending notice to her as well as garantier to pay rs. 1 lac for breaking aggrement
so please suggest me sir what should she do? is that legal the company doing with her?
is that bond she had signed have any weight if employer sue her in court? can she sue employer for mentaly harassing her?

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3 Replies

ssujeet-Advocate (n/a) 19 June 2008

Yes the employer can sue you for breach of the bond

and recover the amount from you.

D.Pannerselvam (HR / IR Manager) 28 June 2008

Dear Mr.Surjee,

Pl senda ny case laws for this.and kindly send it to my Email ID:

panneradv@gmail.com

Regards

D.Pannerselvam

Krishnan Venkatachalam (Legal professional) 03 July 2008

Dear Mr. Pramod,

The appointment order issued to your sister has to be looked in to before giving any comments.

If the training imparted is of an expensive nature where special skills are imparted by training, the employer can take action on the employee who is violating the contract of Employement ( Training and susequent employment period)

As per sec.27 of Indian contract Act, 1872, any contract entered by an employer with an employee in restraint of trade is null and void. The exception being that if the employer had spent exhorbitant amount of money on training the concerned employee for acquiring special skills, he can restrain him for a limited period from moving out of the organisation.

With regards,

V. Krishnan