Suresh Ramalingam
Legal, Hr & Compliance
Kuljit Pal Singh
Legal Professional
Viral Shah
Service
Saikatdhar
Litigation, Statutory Compliance, Drafting
Rajeev Verma
Hr Professional
Jkumarjk
Senior Manager Hr
Riyarodeshia
Hr Professional
Amith R Murthy
Hr Executive
Kshantaram
Hr Professional

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Dear Friends......
From my friend, I have come to know that The Bonded Labour Act has been abolished. And a company or organisation can not insists any person to sign any type of bond...... and most of the people come to know that it is not reasonable/ proper to sign a bond..... as in my city........ we have a good case of the same which is published in newspaper........
Now My question is....... How can an Employer take any type of security to stop the manpower turnover....... instead of signing a bond......?? and
I wud luv to know..... is it proper to hold someone's salary as a part of security deposit......... Is there any provision in law where any person can claim it before completion of his contractual period.......??
& if any person breach the said bond what can be done by an organisation.....???
Hope I will get valuable answers from u all........:icon1::icon1:
Thanx in Advance......

From India, Mumbai
Dear Viral,
Yes, The Bonded Labour Act has been abolished. But whether they are covered under the definition of Bonded Labour or not, it is a question mark. I am not able to to link them with the Bonded Labour Labour Act. However I am giving the definitions covered under the Bonded LAbour Act for your refrerence. If you can find some relevance than please let me know, so that I can further take up the issue to my legal consultant.

"2. Definitions. - In this Act, unless the context otherwise requires, --

a) "advance” means an advance, whether in cash or in kind, or partly in cashor partly in kind, made by one person (hereinafter referred to as the creditor) to another person (hereinafter referred to as the debtor);

(b) "agreement" means an agreement (whether written or oral, partly writtenand partly oral) between a debtor and creditor and includes an agreement providing for forced labour, the existence of which is presumed under any social custom prevailing in the concerned locality.

Explanation. --The existence of an agreement between the debtor and creditor is ordinarily presumed, under the social custom, in relation to the followingforms of forced labour, namely: -- Adiyamar, Baramasia, Basahya, Bethu, Bhagela, Cherumar, Garru-galu, Hali, Hari, Harwai, Holya, Jana, Jeetha, Kamiya, Khundit-Mundit, Kuthia, Lakhari, Munjhi, Mat, Munish system, Nit-Majoor, Paleru, Padiyal, Pannayilal, Sagri, Sanji,Sanjawat, Sewak, Sewakia, Seri, Vetti;

(c) "ascendant” or "descendant", in relation to a person belonging to a matriarchal society, means the person who corresponds to such expression in accordance with the law of succession in force in such society;

(d) "bonded debt,” means an advance obtained, or presumed to have been obtained, by a bonded labourer under, or in pursuance of, the bonded labour system;

(e) "bonded labour" means any labour or service rendered under the bonded labour system;

(f) "bonded labourer" means a labourer who incurs, or has, is presumed to have, incurred, a bonded debt;

(g) "bonded labour system" means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that,--

(i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, on such advance, or

(ii) in pursuance of any customary or social obligation, or

(iii) in pursuance of an obligation devolving on him by succession, or

(iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or

(v) by reason of his birth in any particular caste or community, he would—

(1) render, by himself or through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, or

(2) forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or

(3) forfeit the right to move freely throughout the territory of India, or

(4) forfeit the right to appropriate or sell at market value any of his property or product of his labour or the labour of a member of his family or any person dependent on him, and includes the system of forced, or partly forced, labour under which a surety for a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to theeffect that in the event of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor;

1[Explanation.-- For the removal of doubts, it is hereby declared that any system of forced, or partly forced labour under which any workman being contract labour as defined in clause (b) of sub-section (1) of section 2 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970), or an inter-State migrant workman as defined in clause (e) of sub-section (1) of section 2 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979), is required to render labour or service in circumstances of the nature mentioned in sub-clause (1) of this clause or is subjected to all or any of the disabilities referred to in sub-clauses (2) to (4), is "bonded labour system" within the meaning of this clause.] "

Also can you please send me the cutting of the paper, because we also have the system of getting the bond agreement signed by the Fresh Engineers, and we are planning to review it.

Now comes the second part, it is still big question mark for the companies that how to reduce the manpower turnover ?

From India, Delhi
Dear All,
I also gone through bonded labout act. What I could gather after going through the act that the employees who are willing to work in any organisation and willingly signing any bond are not covered under the said act.
The act was introduced to abolish bonded labour system which was in practice in rural areas, where zamindars used to keep these labourers without paying their dues.
Please throw more light on the issue.
Regards,

From India, Bangalore
Thanks for ur replies........Rajeev & Vijay....... Now I got some idea...... But what can we do if an employee leave an org. before completion of the said bond?? Which type of case shall we file......
Because here in that recent case which I am talking.... Some of my frnds have opinion the legality of a bond is a question mark.... because as per our constitution everyone is free to live. More over if an org. has taught something extra ordinary work to the employee then n then the org. has some legal right to enforce or compel someone for not leaving a job.... otherwise nobody can stop any employee to leave the job.......
What u think......

From India, Mumbai
I think usually in the case if the Employers provides some training to the employee or sponser the employee to enhance his Qualification, Compnay has full liberty to bound that employee to do work with them for certain time period and incase of leaving before that time company can recover the cost/amount they have incurred in his training / ehnancement of his qualification.
From India, Delhi
yes..... Agree.... but if no training or any other facilities provided then....... How can company entitle to bound him/her???
From India, Mumbai
I think than it is bit difficult, because we are also working on that how to implement that.
From India, Delhi
That is the main thing Rajeev & being an HR we should aware of this........ kal ko uthke ko empolyee ne ulta case kar diya then what will happen...... that’s y I have shared it here.......
From India, Mumbai
I don’t think there is any provision for the same......... bese pata chale to mujhe bhi batana Plz...............
From India, Delhi
Yes.. Riya...... there is a provision..... One can not enforce anybody to stay in his org.. ya there are few exceptions also......like other acts........
From India, Mumbai

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