what if the employer fire the employee within bond period?
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what if the employer fire the employee within bond period?

a_1_a Started The Discussion:

I have signed a bond of 2 year it has following clauses
if I break it then I have to pay 2L
if they fire me then also I have to pay 2L

do I really need to pay 1L if they fire me?
what if signed signed the agreement few days before the joining date but not joined the organization for a single day or not worked there for a single day ?

samswish - Member Since: May 2008
Dear A1

Why did you sign a contract where you will have to pay 1 Lakh if they fire you? Your firing can be of any reason and not just performance.
This contract is not valid if you do not join the company at all however please re-read the agreement and see if it mentions anything like, "if you do not join you will have to pay...."

Thanks Sam.

shah01ankita - Member Since: Aug 2011
Quote:
Originally Posted by a_1_a View Post
I have signed a bond of 2 year it has following clauses
if I break it then I have to pay 2L
if they fire me then also I have to pay 2L

do I really need to pay 1L if they fire me?
what if signed signed the agreement few days before the joining date but not joined the organization for a single day or not worked there for a single day ?
As soon as you sign the bond, you are agreeing and accepting whatever the terms in it.
Though one sided bonds are not viable in the court of law, it is difficult to fight for it.

If we talk legally, bonds are not viable in India as bonded labour (and for that matter bonded employees as well) are not something that our law encourages.

Again, even if such bonds are signed, those are viable only to the extent of the cost of training incurred by the employee on you.
So if you have practically not joined your company and have not served even one single day, they have not spend any amount on your training, and ideally there should be no obligation on your end.

However, kindly meet the lawyers before you take any step.

ukm - Member Since: Dec 2006
Well, the law is very clear. Even if you have signed a bond the employer may, at the most, charge you only the amount actually invested in your training (This does not include on job training) and not the bond amount.
If you have been fired then there is no question of any recovery from you

Munshi

Anonymous  - 
Quote:
Originally Posted by ukm View Post
Well, the law is very clear. Even if you have signed a bond the employer may, at the most, charge you only the amount actually invested in your training (This does not include on job training) and not the bond amount.
If you have been fired then there is no question of any recovery from you

Munshi
Thanks for your valuable reply.

What do you mean by ( This does not include on job training ) ?

In has a clause as if they fire me I have to pay ..
do they recover training amount from me if they fire me?

Thanks

ukm - Member Since: Dec 2006
On-Job training means skills that you pick up during normal working. Say, guidance by your seniors on which no extra amount has been spent.
No, if the organisation fires you, they cannot make you pay even for Proper scheduled training .

Munshi

saswatabanerjee - Member Since: Oct 2010
Have you signed it ? Or not ? Have you joined or not ? Is this a real case or a hypothetical example made up by you ? If you expect help, at least provide the full details

a_1_a - Member Since: May 2013
Quote:
Originally Posted by saswatabanerjee View Post
Have you signed it ?
Or not ?
Have you joined or not ?
Is this a real case or a hypothetical example made up by you ?

If you expect help, at least provide the full details
It is a real case.
Yes I have signed it.
But not joined ,coz I have few days to join there.

The clauses are what I have mentioned before.
1. If I break it then I have to pay 2L.
2. If they fire me then also I have to pay 2L.


so I wanted information regarding consequences of
1. if I break it
2. if they fire me after I join there
3. if I don't join at all.


Thanks

saswatabanerjee - Member Since: Oct 2010
It would have been easier if ku had given all info at start,

I do not know your financial situation or how desperate you are for this job. But if it was me, I would refuse to join such a company that provides that I have to pay them if they fire me. The bond, as you describe it, is one sided and creates an adverse situation for the employee. There are a a lot of discussion in the site about bonds. Check it out.

If you do not join, the bond has no meaning. No one can enforce a bond from a company you didn't get trained by and definitely not from one you didn't work with or join.

If you join, then, the bond is valid if they are giving you training that is costing them the amount they have put in the bond. Again, I do not think a court will enforce a bondmwherenthe employer fires the employee, except in case of gross negligence, neglect of duty, etc.

But why take a chance of having to fight it in court ?


Quote:
Originally Posted by a_1_a View Post
It is a real case.
Yes I have signed it.
But not joined ,coz I have few days to join there.

The clauses are what I have mentioned before.
1. If I break it then I have to pay 2L.
2. If they fire me then also I have to pay 2L.


so I wanted information regarding consequences of
1. if I break it
2. if they fire me after I join there
3. if I don't join at all.


Thanks

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