Employee Bond Agreements in India: What Can We Do When Someone Leaves Early?

ghantapavanchowdary@gmail.com
Hi,

Ours is a manufacturing firm. Please advise me on what actions we could take when an employee breaks the bond of one year, whether we implement an agreement/bond system in the company. Also, please explain the importance of such an agreement in India.

Thank you
nathrao
Validity of Employment Bonds

Bonds, when tempered with reasonableness, are valid. Let us say company X has incurred expenses on special training in a quantifiable manner; then a bond of employment for, say, 2-3 years to recover the cost of training may be valid.

Section 27 of the Indian Contract Act, 1872

Section 27: Agreement in restraint of trade, void. Every agreement by which anyone is restrained from exercising a lawful profession, trade, or business of any kind is, to that extent, void. Exception 1: Saving of agreement not to carry on business of which goodwill is sold. One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business within specified local limits, so long as the buyer, or any person deriving title to the goodwill from him, carries on a like business therein, provided that such limits appear to the Court reasonable, regard being had to the nature of the business.

Enforcement of Bonds

Enforcement of a bond can be done if an employee breaks the bond. Each case will need to be critically examined before any comment can be passed.
Bharat Gera
Dear Friend,

You have not mentioned the purpose of the bond and also the terms & conditions of the bond. Without this information, it is not possible to provide proper advice. Please share.

Warm Regards,

Bharat Gera
HR Consultant
9322404765
PRABHAT RANJAN MOHANTY
It is always possible for a person to be sued for dishonoring the bond if it is in order.
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