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I am an HR in an IT MNC Company. My company makes the freshers sign a bond which simply says that if they do not complete their 1 yr in this organisayion they will have to pay 1.5 lacs to the organisation. One of the employee had signed a bond in our organisation. Now the employee on completion of his 3 months has left the organisation. i have a query if we as a Company can send him a legal notice and what would be the consequences a company can go through.
also wanted to even ask if Bonded labour is allowed in india....
pls help.

From India, Pune
Dear Avani,
I want to introduce my self. I am Jayant (B.Sc. LL.M.Labour Law). Bond between the employer and emplyee indirectly suggested that neither party has faith or trust on each other. If the employee is breaching the conditions of the bond then employer has a full right to take actionist the employee. But it is also important to note that what is the reason of employee's resignation? If employee is mentally harashed by his senior or collegues and thereby complied to resigned then employer doesnot have any right against the employee.

From India, Mumbai
hi... thanku so much for ur reply....i completely understand whn u say tht whn employer makes the employee sign a bond it becomes a matter of trust... but then since employer invests a lot on their time and money behind the employees training it becomes very necessary for the employers to take precautions like making the employee sign a bond and stuff... but the whole question is, is Bonded labour legal in india? i mean is it allowed? does our legal system gives the employers the permission to sue the employee incase they breach the bond? kindly advice so that we can go ahead with the procedure...
Thanking u in anticipation.

From India, Pune
Dear Avavni,
This is not the question of Bonded labour system. Bonded Labour and Bond given by the employee these are the two different things and you donot mix each other. In your case as per my experiance 1) your bond may not be valid one it may have certain legal complications,2) the reason why employee breach the conditions of bond?
If above all mentions things are very crystal clear then you may proceed against employee. Otherwise, it may wasting of your valuable time and money, and again legal complication may be increased.

From India, Mumbai
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