Deeshachandan
Employee Commmunication
Vandanajsmalik
Hr- Generalist
Singhalanu
Service Industry
+8 Others

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Hi sir,
I am a fresher i got a job by college campus recruitment.The company took 2years bond paper from us.I am in probtionary period of 2month .If i leave company then in bond paper mention to pay Rs 1lakh.Now my health problem arises due to night shift i inform to everyone in our company but they didn't consider my health problem now i wants to leave this company .I am so scared for my future and my education.Please sir guide me.When i told about my health issue they tell to take legal action.now i am continue my training.
Regards,
pinku

From India, Bangalore
Hey Pinku,

I am really sorry to hear about this. To be completely honest, I could have faced the same problem had I not taken a decision to which all my professors were upset with me. During the recession year, I was selected to a company through campus recuitment. They also had a bond to be signed. I was even ready for it because the company was a brand to be with. However, Fortunateyl beofre I could take up the final offer, i had a chance to work with my superior for two months on trainee basis. After working for two months with her, i relaised I can't any go further and declined the lucrative offer. It took me sometime, but finally I got my dream job.

Anyways, about your problem here, I am not very sure if you can do this, but please find attached the document which I found just minutes ago on CiteHR thread only. It's on 'Bond of Employement'.

I really wish I could help me, but sorry I am not experienced enough to advise more. But I am sure, our mentors and experts can help you out.

Wish you luck. Take care.

From India, Madras

Attached Files
File Type: pdf Bonds in employment-negative covenant in contract of employment.pdf (108.5 KB, 2855 views)

Hey Pinku,
The article highlights the fact that Companies should not use any bonds or such contracts anymore because it violates the fundamental rights of citizen to pursue a better employement opportunity. It has given case laws wherein the employers have sued their ex-employees for breaking the terms of employement. The Court in such cases waivers the contract and states that 'Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void' meaning the agreement is not legally binding on the employee if it stops him/her to pursue a better employement opportunity.
I think you can take help of your mentors at college or any known expert in society who is in law profession. Make them read your bond papers and understand the law language. It will be difficult but you need to be patient and perseverant.
All the Best Luck!!!

From India, Madras
Thanks chadan,
But they told to me to take legal action if you leave the company,I dont know what should be the legal action.I am also didnt complete my training period is it right time to leave the company.

From India, Bangalore
Hey Pinku,
1) To know what legal action can be taken and how much is the chance for the law decision to be in your favour, you shall have to consult a lawyer or a professional who can help you with this as it shall depend on your bond clauses too.
2) Whether you complete your training period or not, thats not important. Important is whether you are ready for new job or not? You might have an offer in hand, which you can join. OR else you might have to look for a new job meanwhile you may remain unemployed. So are you ready to be unemployed for sometime till you find a decent job for yourself? Moreover, Make sure next time you don't get into hassles of bonds or contracts. Also if the new job has any bond, understand the clauses properly before signing on the dotted line.....
Wish you Luck!!!

From India, Madras
The reason company ask employees to get in contract (bonds) is because they spend money and time (investment) in employees training so they want return but in your case they have not much trained you i believe (because you have only spent 2 months in this company and not even completed your training) and if they say they will take legal action against you then ask them to take it because they gotta prove that they have invested in you ( which justifies the amount they are asking you) and in your case it won't be possible

the restriction contract imposes must be valid if they are not valid then contract is not valid

more then this Indian court in several cases has held that bond signed by employees against provision of section 27 of Indian contract act which says- Agreement in restraint of trade void.- Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void which means don't worry you can leave this company they can't hold you because this is violation of your freedom.

more over if there is any more problem feel free to ask

From India, Calcutta
one more thing Pinku read your agreements and contracts thoroughly and try to find out if there is anything that is not mentioned but you are asked to do, like were you aware of the fact that you will do night shifts, how long you are working in night shifts, time mentioned (hours) to serve but how much you are actually serving, these voids from employer side in contract will also help you, and you said your probation period is 2 months then how long actually you working here from
From India, Calcutta
Hi Vandana,
Thanks a lot.
They mention only night shift but they call me at morning 4:00AM and 6:30am on maximum days according to their choice.In bond paper there is not mention to work on sunday,saturday but they call me that day also.Somedays back i am suffering due to my health issue but they didn't consider my health problem.
Only one thing i want to know this company bond is create problem in my future or not.
This Article shows what?This company bond are legal or not.Plz advice me.
Regards,
lagnajit dash

From India, Bangalore
Dear Pinku,
No employer, just by getting the bond signed can stop or penalise you from quitting or changing a job, except the case that they have invested on your training. If company takes any legal action, it can only penalise you in case they are able to proove that they have done investment in training you. Even, in case they are able to proove their investement, the maximum amount recoverable is the amount spent on training plus interest on it.
In your case, correct me if i amwrong in undersatnding the case, i feel that no investment is done on any sort of training. So dont worry, pay attention to your health. Job can be taken up again once you regain your health, but if health is neglected, it will be difficult to do job even.
To be more cautious before taking up any decision, you can consult some professional law person.
Let me know your decison & outcome. All the best.
Regards
Anu

From India, New Delhi
see i just mentioned in previous comment of mine that though according to section 27 of Indian contract act employment bonds are void as they restrict individual to exercise lawful profession but on the other side contract (always comes with) imposes some restrictions but these restrictions should be be reasonable, if they are not valid then contract itself dissolves, today seeing the attrition problem company make the non-reasonable policies and contracts to hold employees and employees follow it because of unawareness for example if they call you on Sunday for work do they provide complimentary off in return (provided you marked your attendance on Sundays as a proof) if not tell your boss that they ask you to work more then 48 hours a week (violating law, the maximum working hours weekly is 48 hrs and 9 hrs a day excluding the break time)

if company says they gonna take legal action that is just to scare you, they know you are fresher and naive so they are trying to take you down but don't worry you can leave them because you even didn't complet your training so they didn't invest in you and they are exploiting you (calling you on sundays for work, asking you to work when you are ill),

one more important question you said you complained about health problem... did you applied for leave(and they rejected it) did you send a written application (and had no response) these are important thing (keep in mind in future always make request and complaints in written to prove its authenticity)

which state you work in .. is it a manufacturing unit or service one do tell me , how many leaves are granted to you (leave policy of company) .. lets see how many rules your company follow.

plus you can leave your company they won't be able to do anything

From India, Calcutta

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™