Is It Fair for My Company to Ask Me to Sign a Bond 5 Months After Joining?

I am presently working in a pharmaceutical company since January 7th, 2014. During the interview, HR asked if I agreed to a 2-year bond, to which I said yes. Now, after 5 months, they are asking me to sign the bond. I just need to know if it is valid for them to request the signature now instead of when I initially joined.

Timing of Signing a Bond

For instance, a bond's timing of signing is not an issue. An employer can ask an employee to sign a bond even after their confirmation. For example, before the employee is sent for costly training, they 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 as training costs.

Regards,
Madhu.T.K

No matter when a company asks you to sign a bond, the important thing is that it should start from your Date of Joining (DOJ) so that the employee does not suffer.

They didn't provide any such costly training; I only underwent in-house training. They are asking me to sign the Date of Joining (DOJ) now. How is this possible? How can I sign a legal document backdated? They should have taken my signature at the time of joining. I have to pay Rs. 50,000 if I leave the company before the bond period. However, if I complete the bond period, there is no such advantage. If I sign now, I will be bound for 2 years. During the time of increment, they may give me an average or no increment. In that situation, I will not leave the company because I am bound for 2 years.

Thanks,
Abhijit

Backdated Signature and Bond Enforceability

It is a bad HR practice to request a backdated signature. The enforceability of a bond depends on the employer's ability to prove that training has taken place and that a significant amount has been spent on the employee. It is not necessary for the training to have occurred before this date, but it applies to the training that the employer may provide to you in the future. If, at the time of your departure, you can prove that no costs were incurred for your training, then naturally, you will not be bound by the bond, and you would be able to leave the company without paying any amount. However, the onus to prove lies solely with you.

If you feel that by signing the bond, you will become a slave and may not receive any increments, etc., then do not accept it. Refuse the demand and leave the organization. A company that can ask employees to sign a bond retroactively can even demand employees to leave the company without any reason. In the case of a probationer, the law also permits such termination.

Regards,
Madhu.T.K

Validity of Bond Signing Date

Recently, our company executed the signing of a bond for 15 months with the new joiners. Is it necessary to mention the date when both parties signed the bond, even if it is clearly stated that the bond is valid for 15 months from the specified start date until the end date? If both parties have signed without indicating the date of signing, would the bond still be legally valid?

Regards,

It is not at all a good practice to sign any document backdated. However, I would like to understand why you agreed to sign the bond at the time of your interview. The fear of no increment or low increment could have been on your mind at that time.

Thank you.

Without a date during the signing of the bond, how can you remember that 15 months have been completed? Therefore, it is important to mention the date during the signing by both members.

Apart from what all members have shared, I would like to ask you why you are considering backtracking on your decision. The company hired you in good faith, provided training, and now, after 5 months, you are reluctant to sign the bond. If you are concerned about the clause regarding average/no increment, you should have clarified this before joining. Regarding signing the bond backdated, the bond will be effective from the date of your joining the company. You may benefit if the bond is dated back 5 months rather than from the current date. The decision is yours to make.