Sanket (pqr) 23 October 2013

Service bond against deputation work abroad (no training)

Dear All,

Kindly give your precious advice on the following:

My employer sent me abroad for work (deputation in abroad office of same company) for 3 months and made me signed a bond for 1 year service.

There was no training and is not mentioned in the bond letter also. Bond mentiones that I will be working on the Project.

Bond is done on the company letterhead.

As per bond I am suppose to pay back my employer amount corresponding to allowance+air ticket + Visa processing fees if I leave company within 1 year.

Now my quection is, Is this bond valid as per law? Can my employer take legal action against me if leave before 1 year?

Thanks in advance.

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2 Replies

Kumar Doab (FIN) 23 October 2013

As per limited understanding from limited information in your post it is felt that since you were deputed to work at Foreign office on a project of the company all expenses should be born by company.

Bond or service agreement should be lieu of some extra ordinary favor or expense incurred by company that would add some exceptional; skills or qualification to employee.

Before you make your own meanings from the bond it shall be appropriate to show all the communications pertaining to this deputation including emails exchanged between you ad company before and after this deputation was effected and the Bond signed by you to a competent and experienced labor consultant/service lawyer, give inputs in person and let your lawyer analyze the merits. The lawyer that has seen all of your docs can opine the best.

Since you have signed on the bond by your free will company can proceed to issue notice/show cause notice/legal notice………………………………

The company may not proceed further if a fitting reply is submitted thru your lawyer to the company.

Company may still proceed further however the reasonableness of the matter shall decide the fate………………………..

In the meantime you may go thru the attachments.

Attached File : 999866156 417759075 validity of employment bonds.pdf, 999866156 background paper.pdf downloaded: 355 times

KRISHNAMOHAN (MD) 09 July 2014

Some charges were framed and the employee was suspended pending enquiry. Subsistence allowance was delayed and paid after five months.After eight months, enquiry was conducted by the company advocate who reported that the charges were abate. It was not informed but the employee was reinstated and transferred to sister organisation.The employee was also not issued for showcause notice. The employee was not paid full salary after six months from the date of suspension. Moreover the company cut two annual increments and PF Contribution was also totally stopped during the period on suspension. How to proceed legally to get justice? Lawyers club members may kindly share their legal views pl.