Octavious
Hr Manager
Arun Kumar Maitra
Presently Working As Company Secy. In Old
Knambiar1982
Hr - Exce
Mahendra-ame
Employee
Anu Magan
Hr Manager
Nikhil.h.vaghela
Web Designer
Srikanth_s
Software Engineer
Pv.vimalnair@gmail.com
Graphic Designer
+8 Others

Thread Started by #knambiar1982

Dear All,
I have a very serious query in my mind.... Is employee bond valid as per the labour laws in India? If yes could you please share few information regarding the same and its applicability. Thank you.
Regards
Unni
4th April 2007 From India, Pune
Dear Unni,
According to the Law, if an employer is investing in employee then bond is eligible with the condition that before the training/investment the employee is having less than one 1 year experience.
regards,
Ruchi
5th April 2007 From India, Chandigarh
Hi,
Kindly note that no employer can bond any employee by any bond,the legal system of India clearly abolished bonded labor system long back,and under no circumstance no person can bound other by any contract to waive of his legal rights guaranteed under the constitution of India,Article 19 guarantees the right to work and this right neither can be waived of by the employee on his own will nor the employer can force any contract in contradiction to above mentioned article
yes the employer can bond his employee for payment of any expenses incurred by the employer as part of training provided to employee,but this training should be provided to an employee by the employer for any other purpose than increasing his productivity in the organisation as an employee
yes the employer can stop his employees from working in its competitors organization for a certain period of time
5th April 2007 From India, Mumbai
dear unni,

As far as entering into service contract there has to be a legal framework wherein both the parties agree to conditions mentioned in the service contract. The employer can enter into contract with the employee on certain conditions:

1) That the service is for specific period and the employer has not bounded the employee for specific period of his own. The service of the employee will conme to an end after completion of the period.

2) both the parties have the right to terminiate the contract after giving notice of specific period.

3) Any service contract cannot be a part of regular employement.

4) The employer has not put any kind of restriction on the movement of the employee taking into consideration that after specific period or notice the employee has the right to work in any organisation.

5) As per the bonded labour act no employer can restrict the freedom of work in any condition but service contract for a specific period is not a bonded labour condition as the employee enters into contract with the employer at free will.

suresh
2nd June 2007 From India, Jaipur
actually i am a fresher and have recently joined a bank, before joining they have made me sign a bond for 4 years and if i break the bond i would have to pay rs 100000. they have kept all my original certificates.
in this regard i want to know is such a bond valid and if so is there any duration for its validity.
also they have provided me training.
basically i want to know if i serve the bank for say 2 years they can recover cost of training so can a bond of 4 years be valid....plz tell
20th May 2009 From India, Lucknow
#Anonymous
YOur bond is not valid. As they have provided you with training pertaining to the processing of the banks work which any way they have to do if they are hiring a fresher.
If you are happy in your present co why are you worried abt breaking the bond?
Two more years learn as much as you can from the bank.
If you are facing any problem, then try to consult a legal practioner with your appointment and ask for the right cource of action. all the best.
Regards
asha
10th June 2009
If they really provided training and spent money on your training, yes you are liable to pay or they may take legal action
9th August 2009 From India, Pune
hi
i have signed the bond for 2 years. clause is if i resign before 2 years i am supposed to pay 50000 to company. i had join this company as a fresher now its been 1.9 yrs i am working in this company now i am looking for good opportunity.
So can any body suggest me that if i break the bond then i has to pay the amount or not.
Thanks in advance
2nd November 2009 From India, Mumbai
Hi!!!

I do agree with experts here that negative covenants like - restriction after leaving job and non-competent clause in employment bond is illegal and have no legal standing. But question is, how to resolve dispute?

In my case i left the job mutual agreement (written proof) and full and final settlement. After 8 months of leaving I started the similar work and Legal Notice was served to me - that I am absconding without notice, breached non-competent clause. And Ex-Employer invoked the SOLE ARBITRATOR Clause, which will biased for sure.

Please note: Ex-Employer didn't spent a penny on my trainning, infact I trained their team for analysis, I have been hired as an expert to enhance their product offering and in fact gave them profits. Later on we both agreed that we should close down the unit as we didn't generate enough profit as per estimation.

Now they consider me as future threat and doing arbitration proceedings against me and asking 5 years of salary (validity of the bond was 5 years but agreed to end relationship after 9 months)

Since arbitration is one sided and will be biased, what options do I have?

I know in a court of law I stand clean.

Please help / suggest!

Thanks

RshOne
5th July 2010 From India, Delhi
Need your Help to clarify the clauses in a training agreement (in Sri Lankan context)
I have been asked to sign a six months training agreement for the post of trainee manager that says
" the trainee should pay ........... this amount (equivalent to the payment for the trainee for six months ) if the trainee terminate the agreement.
Trainer has his sole authority to assign the trainee in any work place,prescribing work hours and leave and will instruct the trainee within the period.
Trainee is entitled to Annual , casual leave and Superannuation benefits according to Shop & Office Act 1977 Sri Lanka.
The trainee should work for 6 yrs within the company if he / she has been absorbed to the permanent Cadre and (this agreement doesn't assure an opportunity)after the successful completion of the programme.
It doesnt include a training schedule or evaluation criteria????
Confusing??????????
Pls help
14th July 2012 From Sri Lanka, Colombo
dear friends,
I have joined a company which is planning for an institution and worked for four months without a written agreement.
They have paid me for four months and in the fifth month gave me a back dated training agreement for 6 months commencing from February 2012, which asking me to be liable to pay an equivalent amount to my salary for 6 months if resigned within the period of agreement (6 months.)
The letter does not include any information regarding ,responsibility,working hours,duties, evaluation, confirmation of service and it says that I will be trained by a trainer for 6 months and if I would have been absorbed to the cadre ,should work for 4 yrs.
And also it indicates I am entitled to annual leave?????? . but the agreement is for 6 months??
What should I do?
Accept or not to???????????
20th July 2012 From Sri Lanka, Colombo
Agreement in restrain of trade or profession is void as per the provisions of the Contract Act. Moreover , it is a violation of Article 19 of our Constitution.Further,the employer cannot recover anything more than the actual reasonable loss suffered by it in case of breach of the Bond.In case of transfer of an employee from one PSU to another through proper channel,relevant DPE Guidelines in this regard becomes applicable.
31st August 2012 From India, Delhi
Dear All,
I am working for a biotech company. I have given a service bond of 5 years. If I break the bond I need to pay 10 lakhs to the company. They sent me aborad twice and invested hardly 2.5 Lakh rupees on my training. I have worked 2.5 years already and excuted all the techniques what ever I have learnt in my training. But now the problem is company is asking me to work with human pathogenic organisms (Such as HPV, HCV, HBV, HIV etc.) without any proper safety measures. I already doubt that I got a latent tb due to working with mycobacterium tuberculosis without proper safety measures. I desparately need to quit this job and join for an another company. Please tell me whether my service bond is valid?
Thanks in advance to all who ever replying to me on this!!
2nd February 2013 From India, Bhopal
Dear all,
I mahendra, working in well reputed organization.
I have an issue with employer.
1- they provide me one year training for free.
2. Now , they ask me to as a permanent employee and further ask me sign a Bond of 288000/- for two year of contract.
My issue is- 1 . are they have authority to make bond in this conditions.
2- if they have what should be minimum salary.
3- how much % of sala
29th July 2015 From India, Hyderabad
Hai
I have signed a bond of 6months in a call center. But due to health issue I need to resign from there. But they are asking to pay 2months salary as penalty since I have worked for only 3 months.Is there a way to resign without paying penalty.
20th August 2015 From India, Bangalore
Hello ,recently my company sent me UK for 2month
Now at uk my client offer me job position and i accepted timmediately now when i back to india i resigned from my post and respondingto this my company sent me email to pay all my uk allowances to them then only they will provides me relieving letter and according them we have separation policy and thers is clauses that if employee is on international assignment then as soon as he backs hes base location then he have to pay cost of investment (minimum charges of visa)and other allowances
Is it means i have to pay all my uk money?
I earned total 3000GBP and they demanding to pay back 4130GBP including my airfare,insurance, my daily basis allowances.
I dont know what to do now 4130 GBP is big amount for me
Please help me out and suggest me what is the exact law of bond break
21st August 2015 From United Arab Emirates, Abu Dhabi
Hello ,recently my company sent me UK for 2month
Now at uk my client offer me job position and i accepted timmediately now when i back to india i resigned from my post and respondingto this my company sent me email to pay all my uk allowances to them then only they will provides me relieving letter and according them we have separation policy and thers is clauses that if employee is on international assignment then as soon as he backs hes base location then he have to pay cost of investment (minimum charges of visa)and other allowances
Is it means i have to pay all my uk money?
I earned total 3000GBP and they demanding to pay back 4130GBP including my airfare,insurance, my daily basis allowances.
I dont know what to do now 4130 GBP is big amount for me
Please help me out and suggest me what is the exact law of bond break
21st August 2015 From United Arab Emirates, Abu Dhabi
My relative had been working in a company for 4+ years..he has recently left the company after serving 2 months of notice period. However, his 2.5 months of salary and PF is still pending with the company. And, after he has left the company for almost a month..his previous employer is asking him to sign a bond that he'll not work with any company or do any business which is similar to his previous company. Can somebody please advise on this? It will be of great help....
24th August 2015 From India, Delhi
Hi,
I have sign Service Agreement for 2 years(Not a Bond). Now I want to resign company before 2 year and company want me to pay my 1 year salary if i want to leave company. There is nothing written like this in my Agreement.
Following 2 points in agreement I want to discuss with you guys. Please Help me out.

1.Termination
- Without prejudice to any clause, this employment of the "Conformed employee" may be terminated at any time by Either party by giving two months of notice in writing or basic salary in lieu thereof as lieu thereof as liquidated damages.

2. Company discussion on termination of employment to be final and binding on the applicant:
- The company discussion as to the termination of employment shall be final and legally binding on the applicant and he shall not be entitled to questions or challenge the same on any ground whatsoever in any court of law.

As per the above points I am a conform employee and I can terminate myself from the company at any time.
And now they are saying that "Only company company have right to Terminate".

Please help me out.
11th December 2015 From India, Jalalpur
I suggest that you consult with a lawyer and take his legal opinion on this employment matter from www.Zippserv.com. They offer these service and employment related legal consultation services which can be availed at http://zippserv.com
In case you want to send or reply to a legal notice from your employer Zippserv also offers it Legal Notice (https://www.zippserv.com/personal-legal/legal-notice.html)
Hope this is useful!
20th December 2015 From India, Bengaluru
How many years service have you got in the company?
When were you confirmed by company?
Any document to confirm confirmation?
Clause 1 is clear and you pay 2 months pay and get relieved.
Clause 2 can be challenged in court of law.
No one can take away your right to go to court.-No agreement,no bond can restrict right to legal redress.
20th December 2015 From India, Pune
I have joined a company before 8 months ... I just put paper on may , but in my company offer letter is written I have to serve at least one year ... I was having 6 months exp while joining.. now my total 1.2 yrs on this may. Then didnt put any money on my training.... I want to leave this company but they are saying i have pay three month salary...... Is it legal
4th May 2016 From India, Chennai
Dear seniors,
I have joined company in Nov 2018 and signed a undertaking of 2 years service and notice period was 3 months. Due to my family problem I left job on 14 jan 2019 and sent a resignation letter without serving notice period. I have not received salary for jan month and some days of Nov month. I only accepted offer letter through email and not signed appointment letter due to some unwanted conditions. As I left job without serving notice period. Company sent me notice of loss. They claiming one lakh against economic loss due to sudden resignation from job. My salary as per offer letter was 37000pm. Please guide is it legally ok. What should I do now. I am not working after resignation and unemployed. I send a mail regarding my poor family condition and reason for immediate resignation. Reason is my grandmother died and mother is sick. My family needs me for taking care. So I am with my family in hometown and nor working anywhere. I am not in a position to deposit their loss of 1 lakh. I worked from 28 nov 18 to 13 jan 19 and received only dec18 month salary. Company not paid other amount. As per undertaking taken during joining by company if I left company I have to serve 3 month notice period and second condition is I will not offer my service to any competition till 36 months of leaving present company. Third condition is if I violate conditions company will claim appropriate economic loss .
Kindly suggest legal advice what should I do.
27th February 2019 From India, Sonipat
I have joined company in Nov 2018 and signed a undertaking of 2 years service and notice period was 3 months. Due to my family problem I left job on 14 jan 2019 and sent a resignation letter without serving notice period. I have not received salary for jan month and some days of Nov month. I only accepted offer letter through email and not signed appointment letter due to some unwanted conditions. As I left job without serving notice period. Company sent me notice of loss. They claiming one lakh against economic loss due to sudden resignation from job. My salary as per offer letter was 37000pm. Please guide is it legally ok. What should I do now. I am not working after resignation and unemployed. I send a mail regarding my poor family condition and reason for immediate resignation. Reason is my grandmother died and mother is sick. My family needs me for taking care. So I am with my family in hometown and nor working anywhere. I am not in a position to deposit their loss of 1 lakh. I worked from 28 nov 18 to 13 jan 19 and received only dec18 month salary. Company not paid other amount. As per undertaking taken during joining by company if I left company I have to serve 3 month notice period and second condition is I will not offer my service to any competition till 36 months of leaving present company. Third condition is if I violate conditions company will claim appropriate economic loss .
Kindly suggest legal advice what should I do.
Regards
Prakash

27th February 2019 From India, Sonipat
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