PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Use factoHR and automate your HR processes
Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth.
KK!HRBy signing the agreement, be it in any paper, you are legally bound. Even agreements can be oral, that is as per the Contract Act 1872. So the argument that it was signed only as a mere formaility or unintentionally, is not helping you to evade the responsibility.
From India, Mumbai
Very well I can understand your precarious situation now just because you had signed a bond earlier very ignorantly. Of course, employment bonds or agreements requiring an employee to remain in the service of the organization for a certain period of time after induction failing which to pay a certain sum of money as compensation to the employer is valid u/s 74 of the Indian Contract Act,1872. However, under unreasonable circumstances an employment bond is not recognized as legal. The employment bond will not be enforceable if it is either one sided, unconscionable or unreasonable. This legal position implies, therefore, that the conditions mentioned in the employment bond including the compulsory employment period and the amount of penalty in case of breach by the employee shall be reasonable. As the term 'reasonable ' is devoid of any statutory definition, it has to be determined only on case to case basis depending on the issues involved and the attendant circumstances in each such case.
Coming to your case, it is pertinent to ascertain how long you have been trained and what was the total cost of training incurred by the employer including the amount of stipend, if any paid to determine the reasonableness of the penalty of 15 lakh rupees as well as the length of service you rendered after completion of the 18 month training. It is also possible that in the middle of the training, you could have resigned.
Anyone can give an appropriate suggestion only if you are prepared to answer the above queries.
From India, Salem