Dear Seniors,
A company is having the system of two years bond with their employees who are going to be on payroll. Previously company deputed few personnel abroad for the purpose of training and entered into three years of bond with these employees. Some of the employees have left this company before completing their mendatory period of three years.
Please suggest me whether we can initiate any legal action against those employees who have already left.
As per the policy of the company there is a procedure to enter bond for 2 years with all the employees those are going to work at domestic site and not going abroad for any training. Please do guide me about the legal validity of any such bond.
Regards,

From India, Bangalore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Hazaidi
Country Hr Manager
Sushilkluthra@gmail.com
Consultant In Legal Matters
Pankaj_po
Hr Professional
+1 Other

Dear Vijay Shankar,
Yes you can initiate legal action against the employees who breaches the employment bond.
Further, these bonds are valid legal documents, duly signed on the stamp papers by both the employer and employees.

From Pakistan, Islamabad
You can take action against those who leave the organisation before the date mentioned in the bond but the same should be restricted only to the amount spent by you to train those employees. You are not suppose to demand the entire sum stated in the bond but can call on the employee(s) to indemnify the loss caused to you by the employee not working for the bond period. Otherwise, it will be viewed as compelling an employee to serve you under a 'bond' which is illegal.
Regards,
Madhu.T.K

From India, Kannur
Dear Sir /madam

PLEASE HELP

I need your attention here...actually i have worked for L&T construction as a trainee for 13 months(from aug. 2012- sep 2013) but i was in service bond for 2 years with L&T.

I was in deep need of RELIEVING LETTER. I had requested and begged them like any thing to reduce the bond amount but they were not agreed. I have worked there for more then a year.... they didn't provide me any single training... i was ready to give liquidated damage that company bears on me apart from the salary.... but they were not agreed and last i was not left with any other option so on compulsion i have paid them the full bond amount rupees 2 lakh in order to get the RELIEVING letter. And still they didnt provide me a service certificate.

I have earned around 2lakh30 thousand out of which i have to paid 2 lakh to them as a bond amount.

I WANT TO KNOW CAN I RECOVER SOME AMOUNT FROM L&T NOW??? CAN I FILE A CASE AGAINST THEM??

Because L&T didnt provide me anything other then salary. and that salary also whatever i have earned i have paid to them.

Please suggest me and advice me IS THERE ANY LEGAL PROCEDURE THROUGH WHICH I CAN RECOVER CERTAIN AMOUNT FROM l&t.

Regards

IKY

From India, Bangalore
Dear IKY,
Since the employer did not impart training as per bond and further you had served for 13 months, the employer cannot recover full amount but only a reasonable proportionate amount as imposition of penalty is void under section 74 of contract Act. So you can file suit for recovery of amount which you had excessively paid. See M/s Scispa case decided on 11.11.2011
Thanks

From India, New Delhi

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