Employee Bonds....Validity & Applicability

Dear All,

I have a very serious query in my mind.... Is employee bond valid as per the labour laws in India? If yes could you please share few information regarding the same and its applicability. Thank you.

Regards

Unni

Anyone to help solve my query....

Dear Unni,

According to the Law, if an employer is investing in employee then bond is eligible with the condition that before the training/investment the employee is having less than one 1 year experience.

regards,
Ruchi

Hi,
Kindly note that no employer can bond any employee by any bond,the legal system of India clearly abolished bonded labor system long back,and under no circumstance no person can bound other by any contract to waive of his legal rights guaranteed under the constitution of India,Article 19 guarantees the right to work and this right neither can be waived of by the employee on his own will nor the employer can force any contract in contradiction to above mentioned article

yes the employer can bond his employee for payment of any expenses incurred by the employer as part of training provided to employee,but this training should be provided to an employee by the employer for any other purpose than increasing his productivity in the organisation as an employee

yes the employer can stop his employees from working in its competitors organization for a certain period of time

dear unni,

As far as entering into service contract there has to be a legal framework wherein both the parties agree to conditions mentioned in the service contract. The employer can enter into contract with the employee on certain conditions:

1) That the service is for specific period and the employer has not bounded the employee for specific period of his own. The service of the employee will conme to an end after completion of the period.

2) both the parties have the right to terminiate the contract after giving notice of specific period.

3) Any service contract cannot be a part of regular employement.

4) The employer has not put any kind of restriction on the movement of the employee taking into consideration that after specific period or notice the employee has the right to work in any organisation.

5) As per the bonded labour act no employer can restrict the freedom of work in any condition but service contract for a specific period is not a bonded labour condition as the employee enters into contract with the employer at free will.

suresh

actually i am a fresher and have recently joined a bank, before joining they have made me sign a bond for 4 years and if i break the bond i would have to pay rs 100000. they have kept all my original certificates.
in this regard i want to know is such a bond valid and if so is there any duration for its validity.

also they have provided me training.

basically i want to know if i serve the bank for say 2 years they can recover cost of training so can a bond of 4 years be valid....plz tell

YOur bond is not valid. As they have provided you with training pertaining to the processing of the banks work which any way they have to do if they are hiring a fresher.

If you are happy in your present co why are you worried abt breaking the bond?

Two more years learn as much as you can from the bank.

If you are facing any problem, then try to consult a legal practioner with your appointment and ask for the right cource of action. all the best.

Regards
asha

hi guys i am in really tense situation now a days .the problem is i have sign the bond with one of airline that will send me abroad on traning on paticular aircraft and they have made a bond that after training i have to serve company for 7 years and the bond amount is 20 lack which they showed that it is training cost and in really it is not more than 5 lack .its more than 1 month that i signed that bond and they havent send me abroad for training and luckely i got offer from other airline and therefore i want to leave this company and join other.but its written on bond that i cant leave/resign before 7 years from date of appointment otherwise it will be case of breach and they have right to take 20 lack from me but i havent took any abroad training from them till the date . and the total bond is one sided mean every thing is in there favour if they terminate or i resign than also they with charge 20 lack from me. pls guys any one of you can tell that how can i leave the company because i dont want to indulge in any legal actions which can ruin my career. thanks in advance.

If they really provided training and spent money on your training, yes you are liable to pay or they may take legal action

hi
i have signed the bond for 2 years. clause is if i resign before 2 years i am supposed to pay 50000 to company. i had join this company as a fresher now its been 1.9 yrs i am working in this company now i am looking for good opportunity.
So can any body suggest me that if i break the bond then i has to pay the amount or not.
Thanks in advance