Hi, I am Surendra. My wife's employer has taken the original study certificates and a bond signed by me, stating that if she leaves the company before the specified period, we should pay a certain amount. However, she has left before the bond period, and now he is demanding more money than agreed upon and is refusing to return the certificates. I would like to know what steps can be taken in this situation. Are these actions legal?
From Netherlands
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From Netherlands
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Understanding Bond Agreements and Legal Implications
So far as the bond is concerned, the employee who executes such a bond needs to abide by it. Thus, leaving the service before the expiry of the bond period constitutes a breach of it, entitling the employer to enforce it in court. Therefore, try to amicably settle the matter through dialogue and discussion.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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57So far as the bond is concerned, the employee who executes such a bond needs to abide by it. Thus, leaving the service before the expiry of the bond period constitutes a breach of it, entitling the employer to enforce it in court. Therefore, try to amicably settle the matter through dialogue and discussion.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Having a bond is a normal policy; however, taking the original documents as surety is not a lawful means of taking security. Hence, you can challenge it since your freedom to further education, apply for new employment, etc., is abridged, which are fundamental rights. The employer has no right to keep the original records. The employer can keep a post-dated or blank cheque as surety. In your case, the employer is also asking for more money. So, if you have the original bond, please put your reply in writing and enclose the cheque for the original amount. Send the same by Registered Post with Acknowledgement Due (AD) to the employer. After that, request in writing for the original documents again by registered post and talk to the authorities to provide the same. You can approach the Labour Commissioner if you do not get a response.
Regards
From India, Mumbai
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Regards
From India, Mumbai
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Employer suit for breaking service bond within 3 yrs - Delhi HC 5.9.2014.pdf
A THEORETICAL STUDY ON ‘GLASS CEILING CONCEPT’.doc
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