Swastik73
Human Resource And Industrial Relations
Malikjs
Gm (hr)
Dasp06
Hrm, Ir, Labour Laws
Jay22877
Team Lead Hr Operations A Telecom Mnc
[email protected]
Writs, Banking, Company, Corporate, Civil,
+5 Others

Hello

I was working with a company since Dec 2008 . I had signed a bond which stated that If i have to leave the company prior to the bond period , I will have to reimburse the salary paid to me till the date .

Due to certain personal reasons & the immature infrastructure set up in the company , I just suspended ( not resigned) my activities & intimated them vide mail. They asked me to return the company belongings , which I did after few days .

They had enquired vide mail in many ways whether my suspended activity is an intimation of resignation , which I specified in such away that the same is as per the menaing of vocabulary for suspended acts . still Iam keeping away from the duty .

The bond was signed by one surity & myself on joining time which was handed over to them . Do this bond have any legal validity ????

Now my querry is that can the said company go legally against me in the means of violating the bond.

Please advice . Will this specific case stand in favour of me that I only suspended activities & not resigned

From India, Delhi
dear without reading term and condition of your bond and appointment letter ,it is very difficult to comment. tks j s malik
From India, Delhi
dear Mr. mallik

Thank you for the update

In my appointment letter it is specified

as follows

Training/Probation Period:

1. You will be imparted On Job Training (OJT) for a period of 3 months from the

date of your joining and will be put on probation during this period. On

satisfactory completion of probationary period, you will be confirmed in the

service of the company. If your work and conduct during this period is not

satisfactory, the period of probation may be extended at the discretion of the

management.

2. You will be required to execute a bond before joining the company under this

letter of appointment, to serve the company for a minimum period of ONE year

from the date of joining failing which you will refund the company the entire

amount of payment made to you during the training cum probation period

besides reimbursements of all expenses incurred on account of your training

with the company

There was no dedicated training on any product channel officially .It was a fetch and collect situation

Now please advice whether from above offer letter picks ,any legal situation exists

From India, Delhi
Dear RSGK75,

There is no legal validity of employee bond.

The company has no right to claim any money other than loans and advances given to the employee and amounts spent on training(This should be stated in the appointment letter).

You can search my previous post in this site for details.

Regards,
SC

From India, Thane
Dear rsgk75,
Employment Bonds are generally meant to retain people of high liquidity.
But in most cases enforcing Employment Bond is not practical.
Its " Theoritically possible but Practically nearlly impossible to enforce Employment Bonds "
But if your employer really wants to make you uncomfortable they can harrass you,
Buts at the end of the day nothing will happen,
My only advise to you is just secure your experience & relieving letters,
Regards,

From India, Ahmadabad
Dear RSGK75,
From the Training/Probation Period clause 2 of the contract quoted by you, it appears that you had undertaken to refund any amounts spent by your employer company in training you should you leave the job before completing 1 yr of employment. Given that you state that there was hardly any training provided, I do not expect that you need to worry too much about the compensation to be paid. In this regard, please note that I am also in agreement with prakunna and jay 22877.
Wishing you the best of luck.

From Bangladesh
Hi,
My query here is if the person does not pay up the amount as mentioned in the bond agreement will the company issue experience certificate?
One of my friend is in bond for 3 years and now completed 1 and half years. She completed hes probation/Training period too. She's looking to move abroad. Will this bond be a problem in her employment abroad or for any of her immigration process.
Bindiya.

From India, Madras
Dear rsgk75,
  1. Obtaining a bond from a propective employee is uncostitutional.
  2. An employer can take a bond for certain years/months of service of an employee to the extent of recovering the cost of training only. This is valid for in-service employees also. To provide some training the employer may ask for a service bond.
  3. By calling it a "Training", the employer can not fix a cost to "work" and claim for a bond.
  4. During "training" the employee should "learn/train" and not "produce".
  5. During OJT (if taken as training), the employee must work under supervision. Working independly can not be termed as training.
Regards,
I B Mahapatra

From India, Sambalpur
Can any body pls highlight some case references regarding employement bond which proves it as illegal or unconstitutional as stated by experts in the discussion
From India, Bangalore
Thank you all , That clears the line but please also suggest if the bond which I had signed contained the following terms as attached
From India, Delhi

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