dear
all
my friend worked with a company for 4 years and then was sent to do MBA sponsored by company,there was no bond signed during that period or before joining the college.Only email exchange took place about program and three years employment bond after completion of MBA.NOW HE WANTS TO LEAVE THE COMPANY AS HE FEELS HE IS BEING EXPLOITED ON GROUNDS OF BOND.REMEMBER HE HAS NEVER SIGNED ANY PAPER OF SUCH NATURE PHYSICALLY.
CAN HE BE SUED BY COMPANY AS COMPANY IS NOW ASKING HIM TO PAY TWO YEARS SALARY AND FULL FEES PAID BY COMPANY AS COMPENSATION?
PL HELP WITH LEGAL FACTS AND NOT PERSONAL ADVICES?
DK
From India, Mumbai
all
my friend worked with a company for 4 years and then was sent to do MBA sponsored by company,there was no bond signed during that period or before joining the college.Only email exchange took place about program and three years employment bond after completion of MBA.NOW HE WANTS TO LEAVE THE COMPANY AS HE FEELS HE IS BEING EXPLOITED ON GROUNDS OF BOND.REMEMBER HE HAS NEVER SIGNED ANY PAPER OF SUCH NATURE PHYSICALLY.
CAN HE BE SUED BY COMPANY AS COMPANY IS NOW ASKING HIM TO PAY TWO YEARS SALARY AND FULL FEES PAID BY COMPANY AS COMPENSATION?
PL HELP WITH LEGAL FACTS AND NOT PERSONAL ADVICES?
DK
From India, Mumbai
HI,
Now mail is also a proof for court and if you will go to court, company will use this mail.If Company has mentioned all terms and conditions in that mail and your friend replied that mail in Positive way then yes your friend will have to pay this amount............
Thanks
Aakanksha
From India, Delhi
Now mail is also a proof for court and if you will go to court, company will use this mail.If Company has mentioned all terms and conditions in that mail and your friend replied that mail in Positive way then yes your friend will have to pay this amount............
Thanks
Aakanksha
From India, Delhi
thanks for ur reply,
but then can mail be treated as the contract because the details were not mentioned in mail morever monetory value was never mentioned in mail,i was told that in india no employer can enforce to continue with employement...
From India, Mumbai
but then can mail be treated as the contract because the details were not mentioned in mail morever monetory value was never mentioned in mail,i was told that in india no employer can enforce to continue with employement...
From India, Mumbai
Agreed with u,but if company has mentioned that "if you will go with MBA then you have to serve the company for 4 years".that meanse your friend was aware abt it else no one can force you for that fee.
Aakanksha
From India, Delhi
Aakanksha
From India, Delhi
DEAR
akanksha
thanks for ur valuable input,
now,how compnay could decide the monetory value to be recovered from employee if nothing is mentioned in mail,also remember he has served the company for one year so should it not be accounted,and the entire exchange of mails have happened on company's own web site which is controlled by company itself so what could be the validity of mails ?
thanks again
dk
From India, Mumbai
akanksha
thanks for ur valuable input,
now,how compnay could decide the monetory value to be recovered from employee if nothing is mentioned in mail,also remember he has served the company for one year so should it not be accounted,and the entire exchange of mails have happened on company's own web site which is controlled by company itself so what could be the validity of mails ?
thanks again
dk
From India, Mumbai
Dear DK,
1. The e-mail transactions of documents has legal sanctity. In IT Act 2000, it is categorically mentioned that e-mail transmitted messages falls under the term document and has legal sanctity.
2. If your friend has sent the acknowledgement or acceptance of the same then he is liable and accountable for fullfilling the Bond conditions.
3. The Bond itself must be having an clause, specifying, the bond period and bond amount and the conditions for the breach of bond.
4. Your friend cannot escape / break the employment rules. He can be sued by the company.
5. NOTE : In case, if your friend feels that ( 1 ) he is entrusted with the responsibilities which doesn't fall under the purview of his profile, ( 2 ) made to work beyond acceptable working hours ETC. then he also has counselling and legal recourse for his problem.
Hema
From India, Nagpur
31. The e-mail transactions of documents has legal sanctity. In IT Act 2000, it is categorically mentioned that e-mail transmitted messages falls under the term document and has legal sanctity.
2. If your friend has sent the acknowledgement or acceptance of the same then he is liable and accountable for fullfilling the Bond conditions.
3. The Bond itself must be having an clause, specifying, the bond period and bond amount and the conditions for the breach of bond.
4. Your friend cannot escape / break the employment rules. He can be sued by the company.
5. NOTE : In case, if your friend feels that ( 1 ) he is entrusted with the responsibilities which doesn't fall under the purview of his profile, ( 2 ) made to work beyond acceptable working hours ETC. then he also has counselling and legal recourse for his problem.
Hema
From India, Nagpur
thanks ..very useful
also my freind is releived as the mail did not mention about breach of bond ,amount of compensation etc ,it had only three years of work expected from him and that is what was mentioned in mail..
From India, Mumbai
also my freind is releived as the mail did not mention about breach of bond ,amount of compensation etc ,it had only three years of work expected from him and that is what was mentioned in mail..
From India, Mumbai
can anyone tell me ..what could be the intensity of penalty in this kind of cases...is jail term possible in this case?
From India, Mumbai
From India, Mumbai
Its not a criminal offence. He cannot be put in to jail. All a Company can do is to file a civil case for recovery of the amount spent on his MBA course.
From India, Chandigarh
From India, Chandigarh
Dear dkraitafe/All,
Pls note my experience on the issue. Even when there is bond duly executed bond, the company will be asked to prove the loss that occurred by the resignation of the employee also that all these kind of bonds are just to create pressure at the "back of the mind" of the trainee. Any/all such negative covenants are not easily accepted by the court of law and requires proper trials/evidences/cross examinations.
Its not criminal to change the job...unless your frnd has bad intentions of divulging any secrets/trade related info to other company or competitors. Everyone has the fundamental right to work/JOB and livelihood. Moreover, Just Relax and read the Indian Contract Act 1872 section 27 Agreement in restraint of trade void.
Coming to your major Question: The Quantum of the damages that can be granted by the court of law.....a lot will depend on the prayers made by the company, arguments of the lawyers....if at all only the fees paid for the course (MBA) can be granted.
Let me know the jurisdiction and I will advise you the best lawyer as well as the citation to rely upon.
All the friend for his NEXT assignment.
Marine lawyer
From India, Mumbai
Pls note my experience on the issue. Even when there is bond duly executed bond, the company will be asked to prove the loss that occurred by the resignation of the employee also that all these kind of bonds are just to create pressure at the "back of the mind" of the trainee. Any/all such negative covenants are not easily accepted by the court of law and requires proper trials/evidences/cross examinations.
Its not criminal to change the job...unless your frnd has bad intentions of divulging any secrets/trade related info to other company or competitors. Everyone has the fundamental right to work/JOB and livelihood. Moreover, Just Relax and read the Indian Contract Act 1872 section 27 Agreement in restraint of trade void.
Coming to your major Question: The Quantum of the damages that can be granted by the court of law.....a lot will depend on the prayers made by the company, arguments of the lawyers....if at all only the fees paid for the course (MBA) can be granted.
Let me know the jurisdiction and I will advise you the best lawyer as well as the citation to rely upon.
All the friend for his NEXT assignment.
Marine lawyer
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
