Legal Analyst, Hrm
Manager - Hr Excellence
Production & Operations Management, Quality
Mba- Human Resource
Seafood And Refrigeration
Once an employee sign a hree year bond (as mentioned by you) and if the employee leaves the company between the tenure, then the company has full rights to claim the liquidity damage ( as mentioned in the bond)....
In case the employee des not pay the liquidity damage, then the company will but have no chance to send the civil court notice to the employee or the compan can even sue the employee for claiming the liquidity damage....
The only solution is negotiation which your friend can try with the management of her company. It is your friend only who can help herself.
First of all i am impressed by seeing your true care for your friend. As a matter of policy a company the management takes these bond primarily to ensure availability of an individual, as u know that lot of resources are being devoted towards hiring the proper employees. whole of the efforts in term of physical as well as monetary are being wasted away once an employee leaves pre planned. so bond of short duration is ok and generally as a matter of terms some monetary pay-in is tied up for non compliance. Legally and morally speaking the right of company is intact, and company has all the right to sue for recovery of this damage. For this both the candidate and / or the surety can be sued.
However, from legal point of view, framing of contract is a specialized task and as u have not mentioned the details about the company possibilities are that some loop - hole must have been left in your favour, as most of the HR are not from Legal background. But taking this route is not advised due two reasons 1 . this is against the good faith, 2. as you have mentioned that the father may not be able to pay for the fees of lawyer and the other associated expense.
so suggested course of action is to take three pronged strategy i.e. 1. To apply for mercy petition with company management, even through union, if possible.
2. To persuade the in-laws to let the bride join back the company, informing them the probable consequences, as it is very difficult to make a carrier.
3. Request the transfer of the candidate to the location near to her in-laws if the company has any branch nearby.
However, if the company uses its discretion to waive of the bond amount as a special case, your friend can be saved. Better try to convince the competent authority through the concerned HR department that the employee has neither taken up any job, nor intends to take up any job in the near future due to the reason of her in-laws not preferring her to take up any job.
BUT, if the company still insists to pay for the bond, why her parents should bear the penalty. Why not her in-laws pay the bond amount, who have forced her to leave the job.
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
There is solution of every problem. I would like to know the full details of the bond.
Some time we have to break our promise because of some unwanted situation.
Please send all the terms & conditions mentioned in the bond.
Modi Ashok Kumar
Further to my above post, however, there is specific case for Eg if the company has incurred cost on specific training of the employee which provides her emmence advantage in future... say, a employee was sent abroad for some technical training which is very specific to the job and in such case if the employee has signed a bond then such bonds can be executable!!
Section 5 : Agreement, custom, etc., to be void.- On the commencement of this Act, any custom or tradition or any contract, agreement or other instrument (whether entered into or executed before or after the commencement of this Act), by virtue of which any person, or any member of the family or dependant of such person, is required to do any work or render any service as a bonded labourer, shall be void and inoperative. CHAP EXTINGUISHMENT OF LIABILITY TO REPAY BONDED DEBT CHAPTER III EXTINGUISHMENT OF LIABILITY TO REPAY BONDED DEBT
The above message will disquallify the contention of any management who is emphasis on signing BOND's.
A head hr of an MNC