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G Sakuja (sales)     12 July 2010

Indemnity deed

I am working with Indo- German joint venture Company in Delhi. Our company offer to send people of various levels for special technical training at their headquarter based at Germany/UK/various other countries. The employees who are selected for this training has to sign “DEED of INDEMNITY” on 100 Rs stamp paper between company and employee.

 

The reason for this deed as said by company official, mainly is the expanses expend by the company for travel, time, cost of training & resources on the employee. In simple words, the employee has to sign a indemnity bond for the period of 3 years that he will not leave the company/resign from the company for the aforesaid period. Moreover, In case, he/she leaves/resigns, has to pay hefty amount or any fixed amount at the time of leaving.

 

So, my queries are:-

 

1)       What’s the value of deed in the court of law ( as this an single sided bond with no commitment from the employer side)

2)       If anyone breaks or overrules this deed, what type of consequences he has to face?

 

Request for advice/suggestion.

 



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 July 2010

Such bonds are not illegal, provided that the company have send the employee to that place, imparted him the said training. Such bonds are taken to secure the expenses incurred by the company in giving training to its employee that was given with the intention that the employee shall use the training for the benefit of the company. And if the employee leaves the company for some other lucrative job after completion of the training, the company should be indemnified. So, if any employee commits breach of any rule or breaks any condition of the bond then, he'll have to pay the bond amount.

G Sakuja (sales)     13 July 2010

Thanks Archana for your reply.

I agree with your mentioned concern but don't you think that view of the court of the law is baised towards the comapny( employer) as this will be an single sided bond/deed with no commmitment from the employer side. In case, if in future the employer make the life of the employee a hell and presurzie him to resign , then in that case once again employee has pay as well as resign

Please reply

Adv Archana Deshmukh (Practicing Advocate)     13 July 2010

In such situations I would advise that it'll be safe for the employee to give legal notice to the company mentioning the harrassment he is facing in detail and how it is adversely affecting his life and carrier requesting the management to take some steps to cure the same else he shall be forced to resign with no fault on his part. And if still the harrassment persists then resign.

Vinod kashyap (Advocate & Legal advisor)     14 July 2010

whatever is archana said is right, you can't say its one sided bond. if you look into some considration is there. this deed is legaly enforceable and in violation employer can recover same amount throug court of law.

G Sakuja (sales)     16 July 2010

Dear All,

thanks a ton for your replies but I had find an enclosed article on web which on is also on the same topic that we are discussing. As I belong to different profession/ educational background. I request you to please through some light on the various section of law


Attached File : 2 2 negative covenant in contract of employment 1 .pdf downloaded: 219 times

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