Ankitchaturvedi
Manager - Hr Excellence
+3 Others

Please help me:
1. Employee signed the 1 year bond with 40000 surety amount and he/she is on probation period of 6 month. If he/she goes leave the job during probation period without any written notice or mail then what will be rights have company.
2. If employee sign offer & appointment letter, in which mentioned service agreement point and 1 or 2 year bond with 40000 surety amount then will it be valid or not without stamp paper agreement. And Employer can take any legal action or not against employee after broke bond. And what will be rights have company.
Please reply me asap.
Thanks in advance!
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Dear Naveen,
Suggest you please go to research toolbar at the top of the page to search for your query.
There has been numerous discussions on this topic in Citehr.
I would still like to clarify your pints in short by answering your two questions:
1. If an employee has signed a 1 year bond with 40k surety amount if he / she leaves the company, the company has full right to recover the said amount from his / her salary or from the employee.
2. If the same clause is mentioned in the appointment letter and also in the stamp paper, then both the letters are valid in legal point of view. IF an employee does not pay the surety / liquidity damage amount then the company has full rights to approach the court and send notice to recover the amount from the employee.
Thanks for helping us, but i did not understand that If employee signed only appointment letter in which bond criteria and terms & conditions are mentioned then it will be valid or not in legal point of view. Can I recover or not through legal process. Please reply asap. Thanks..
Dear Naveen,
I have said in my earlier post that the terms and conditions and the surety / liquidity damage amount mentioned in the appointment letter or in the bond paper are legal and Company has rights to take action against that employee to recover the dues.
Dear Naveen
i am not agree with the above e-mails on the issue. You cannot bond an employee. As bonded labour is prohibited.
you should have a discussion with some a legal luminary and ask him to send a legal notice to the company to get rid of such bond conditions. Moreover such bonds are only one sided and dont have locusstandy in the Law.
Thanks
L M Sharma
Dear M.L.Sharmaji I have information that The Supreme Court of India have given ruling on Such issue of Bond and ex parte clause of notice etc. or as per your knowledge is there other Judgement by competent court on such matter which you can share for which I shall be grateful to you, further as per T&C of employment if there is clause to pay compensation by employer also in case of termination than whether the same is valid during Probation period or not as clause does not speak about probation period .
Dear Mr. Naveen/Sharmaji
Most of the employer get the surety/bond signed by the employee for the amount to be spend on the employee for training, relocation bonus, foreign trip, hotel stay etc. such amount are recoverable from the employee by way of surety. The law does not permit the employee to get the benefit and leave the employer in midway.
The employee being adult has signed the surety/bond after understanding the merits/demerits of the terms and conditions mentioned therein. So the employer cannot be blamed for, the law is prohibiting bonded labor which has different meaning and clauses.
If I am wrong, seniors please advise.
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