In India, signing an agreement for 2 years for abroad training and to retain the employees, management is insisting new employees to sign an agreement. I had a same experience in signing an agreement for abroad training for 5 years and to continue the service for 4 years. Even now, very famous organization in Chennai insisting employees to sign an agreement for every 4 years even after completing 20 years of service. This is happening till now.
I left the company after serving 3 years of Contract period and the Management has sent a letter towards due to the company for non completion of agreement terms. Due to Medical ground, I have sent a requisition letter to management to be relieved from service. Finally, they sent a legal notice to me, the Doctors concerned and a new employer also. This matter was taken to Senior Advocate panel for legal correspondence. They have collected a good money from me and they negotiated with Advocate of the employer also. The advocate of the employer side does not agree for anything and Vakalat has been filed from my side. Finally, our panel of advocates came to me narrating the reason that, there is a supreme court order for payment of breach of contract to the employer and the Advocates are helpless in this case. I have no other options left out. This leads to severe mental agony, high cost and time spending for taking a file to advocate again and again is mere futile.
I paid the amount inclusive of employer advocate fees also. All these proceedings was guided by very Senior IR Manager who has retired from the same company. Finally everything was waste and in this circumstances WHERE YOU STAND THIS SAYING BOND IS ONE SIDED AND ILLEGAL?
One more question also putforth:-
Having known the Judgement of Supreme Court for similar cases, Why the Advocates are accepting the cases like mine and creating a mental depression at last without favouring anything. Are they not aware of similar cases before accepting the case? If they are very much aware of the SC Judgement, the Advocates can counsell the Client in a direct route to settle the amount.
I am also a regular visitor of Cite HR and I am also affected.
Please share your further views on the above subject so that it is easy for me to implement a new ideas in the existing company.
From India, Madras
Sorry to hear your story and to know that you were misguided by your advocate. He should have researched on the topic before giving you any opinion. I know that the bond in lieu of training is totally valid everywhere in India, i am saying this by my personal experience and by the judgment of various High courts and Supreme court. Mehrunisa is confused between Bonded Labour System, which is illegal in India and the valid contract bond which is executed validly in lieu of any training provided to the employee by the employer. The purpose of this bond is to recover the cost of such training which the employer incurred on the training of an employee.
From India, New Delhi
You do have a point--and a very true one at that--about some advocates taking advantage of the lack of legal knowledge of many who approach them with legal problems.
Frankly, this profession is no different from others--there will always be some black-sheep among all professions. I too had similar experiences with some advocates--the standard line, IRRESPECTIVE of the strength of the case, quite often seems to be: 'let's file a case in the court'.
One lesson I have learnt due to such experiences is this: always think 10 times when someone takes an 'extreme' stand on any issue WITHOUT much thought/discussion--be it an advocate or anyone in any field. I have also seen some advocates double-crossing their clients--by getting into 'deals' with the other party--however, that is NOT to be generalized with the whole advocate fraternity.
If you notice this same thread, you will find members who give such an extreme opinion [Bonds are 'not' legal in India, etc without so much as a simple substantiation], as if it's they who wrote the Constitution of India.....sometimes feel like laughing & sometimes get wild too @ their lack-of-concern about the consequences of their advice/guidance/suggestions in such a public Forum.
However, This Forum also helps & adds value to such discussions with able, realistic & well-informed members like Kamal Kant Tyagi.
From India, Hyderabad
Thankyou very much for spending time to read on the above subject and your wonderful comment. From this, we hope that, other members of this forum must be aware of this pros and cons of this issue.
From India, Madras
Thankyou for spending your valuable time on the above subject and it is easy for our other forum members to take any decision on this bond issue. To conclude this, signing an agreement for industrial training in India and abroad is still exist and it has its own effect and nobody can escape from this. This was clearly evident.
From India, Madras
BSSVDo not get confused with the provision of General Laws of Contract with Special laws, when there are special laws the general laws are not applicable exclusively, they must have to be read with special laws, and some times general laws are not applied at all..... Special laws overtake them, so employment contracts have there own provision under its special law..... on an outline it seems to be applicable but, employment laws will be dealt under employment laws, provisions may be similar and seem to apply but not the same...
From India, Bangalore
Avi89Hello Everyone.. I am in a mess.. Can you all please guide me?
Can you please look into this link
& impart your advice & suggestion?
I have gone through your posts.. please help..
From India, undefined
Rajesh PaswanDear All,
Thanks for the support us but in this time i am very confusion because employee join employee but employee left the job two or three month or after one year so company suffering the loss by employee.
Kindly provide the employee agreement format because employee could not left the job without notice period.
Company provide the trainee to employee but employee get the trainee and left the job.
and join competitor.
So please provide the Technical Bond Agreement ,if employee join another company then pay the our trainee cost.
kumaracmeDear All ++++++++++++++ Thanks for your inputs. Wish a happy and prosperous festival of lights, DIWALI +++++++++++++
From India, New Delhi
All the posts have lost sight of the practical aspect. Let us assume that taking a Bond is illegal.Under Indian law it can be either the employee by approaching a Court of Law or by way of defence in an action initiated by the Employer. But for all this the employee will incur legal costs.Further enforcement of the Bond by the Employer will be by the Arbitration Mode and the venue for the Arbitration will again be the place where the Employer has its Corporate office. All this will involve time and Money .So it is easy to say that it is illegal.But the ethical point should not be missed.
So it is better to take legal advice in every case and then take a call .
Advocate & HR legal Consultant