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Aravind.K., (Consultancy)     08 September 2010

Service Bond

Dear Learned Friends,

 

May I request you kindly to help me with some insights on validity of Service Bond under Indian Labour Laws in the background of the following illustration please?

 

Employers, as a measure to retain their employees, sponsor few of them for higher education, overseas training or any other professional advancement courses at its own cost. The employees do not incur any cost for such sponsorship but agree to serve the Employer diligently for a fixed period of time and execute a bond in confirmation of this.

 

However, within the agreed period of time, some employees break the bond arbitrarily to join another Company that may or may not be a competitor of the employer. 

 

Under the circumstances, what are the options available to the employer due to breach of contract by its employee.

 

Thanks and regards,

Aravind 



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     08 September 2010

The employer can sue the employee for obtaining compensation under the bond.

Aravind.K., (Consultancy)     08 September 2010

Dear Learned Friend,

Many thanks for your response. Can you kindly clarify whether under Indian Labour Laws, there is anything which explicitly states that employers cannot tie employees to a bond. 

Thanks,

Aravindan

Adv Archana Deshmukh (Practicing Advocate)     08 September 2010

If the employer have spend his resources, money in giving training to the employee  then such bonds are perfectly legal and there is no illegality or prohibition as to that.


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