Industrial Relations And Labour Laws
Human Resource Executive- Service
+1 Other

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Hi, i am presently working in a pharmaceutical company from january 7th the time of interview hr was asked that am I agree to join in 2 years bond, at that time I said yes, now after 5 months they are telling now to sign the bond.I just need to know that is it valid that they are taking sign now instead of taken it in the time of joining.
For insting a bond time of signing is not an issue. Employer can ask an employee to sign a bond even after his confirmation, say before the employee is sent for a costly training, he may be asked to sign a bond. What is important is the purpose of the bond. If it is to cover the cost of training, naturally, the bond becomes legal and the employee leaving before the period becomes legally bound to pay the amount spent by the employer by way of training costs.

No matter when company ask to sign on bond but the thing is that it should be start from your DOJ so that employee can not suffer.
They didn't gave any such costly training, i only undergone by the inhouse training.They are asking to sign now in DOJ. How it could be? how can i sign in legal paper in back date?They should took sign at the time of joining.I have to pay Rs. 50,000/- if i left company before the bond period,but if i cross the bond period there is no such advantage.If i sign then i will be bound for 2 years,in the time of increment maybe they will give me a average or no increment,in that situation i will not leave the company also because i am bound for 2 years.

This is a bad HR practice to take signature backdated. Enforceability of bond depends on the employer's ability to prove that training has taken place and so much of amount has been spent on the employee. It is not necessary that training should have taken place before this date but it applies to training which the employer may give to you in future. If at the time of your leaving you are able to prove that no cost was involved in your training, naturally, you will not be bound by the bond and you would be able to leave the company without paying any amount. But onus to prove lies on you only.
Now, if you feel that by signing the bond you will become a slave and you may not get any increments etc, then don't accept it, refuse the demand and leave the organisation. A company which can ask employees to sign a bond on backdated can even ask them to leave the company for no reasons. If the case is about a probationer, the law also permits such termination.

Recently our company executed the signing of bond of 15 months from the new joinee's. Is it necessary to mention the date when both parties have signed the bond even if its mentioned clearly that this bond is valid for 15 months from this given date till ..... date? If both the parties have only signed without mentioning the date when they have signed the bond will make it legally valid or not?
Dear Abhijit,
It is not at all a good practice to sign any document backdated. But I would like to have an idea as why you were agreed to sign the bond at the time of your interview. The fear of no increment / low increment could be in your mind at that time.

Dear Priyanka, Without date during sign on bond, how can you remember that 15 months completed of bond. So date mention is important during sign of both members.
Apart from what all members have given their views, would like to ask you that why do you want to back track your decision, the company has hired you in good faith and gave you training and after 5 months you are reluctant to sign the bond, stating the clause of average/no increment then you would have cleared it in your mind before joining. With regards to signing the bond backdated. The bond will be applicable from the date of joining your company and you will be benefitted if the bond is of 5 months back and not from the current date. Rest is your wish
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