Hi, I am working in an IT company where a bond was signed by a few employees traveling abroad for a period of two years. One such employee has resigned now.
The facts are as follows:
The employee signed the agreement which was on the letterhead of the company.
The agreement did not mention the bond amount. It only mentioned the period of two years.
Can our company invoke the bond and deny the employee the experience certificate and relieving letter? Also, in case the employee leaves without paying the bond amount, how do we recover the bond amount? Is such an agreement legal and can it be enforced through the court of law?
Please guide me.
Thanks & regards,
Ranji
From India, Gurgaon
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The facts are as follows:
The employee signed the agreement which was on the letterhead of the company.
The agreement did not mention the bond amount. It only mentioned the period of two years.
Can our company invoke the bond and deny the employee the experience certificate and relieving letter? Also, in case the employee leaves without paying the bond amount, how do we recover the bond amount? Is such an agreement legal and can it be enforced through the court of law?
Please guide me.
Thanks & regards,
Ranji
From India, Gurgaon
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Hi,
I am not sure if just signing the 2-year agreement on a letterhead would have any legal impact. Therefore, it will be more valid if it is agreed upon on a stamp paper that is authenticated by the sub-registrar.
It would be incorrect to invoke the bond amount since you have not mentioned it in the two-year agreement signed between the company and the employee.
I hope this clarifies your query to some extent.
Regards,
Manoj
From India, Ujjain
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I am not sure if just signing the 2-year agreement on a letterhead would have any legal impact. Therefore, it will be more valid if it is agreed upon on a stamp paper that is authenticated by the sub-registrar.
It would be incorrect to invoke the bond amount since you have not mentioned it in the two-year agreement signed between the company and the employee.
I hope this clarifies your query to some extent.
Regards,
Manoj
From India, Ujjain
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Hi Ranji,
You mentioned that the bond does not contain any amount details and you are asking how to recover the amount. Please check this one.
The next thing is, in actuality, you cannot deny an experience certificate, but you can withhold the relieving letter. If possible, you can send a lawyer's notice, as per the bond, via registered post, and consult the lawyer for their suggestions on further actions.
If you know his present employer, you can communicate with them, stating that the specific employee is under an agreement with you and left the organization improperly. It would be better to request his return; if not, you may take legal action against the employee and the present employer.
For any legal actions, please approach a lawyer; it is the best way.
Regards,
Manjunath
From India, Hyderabad
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7You mentioned that the bond does not contain any amount details and you are asking how to recover the amount. Please check this one.
The next thing is, in actuality, you cannot deny an experience certificate, but you can withhold the relieving letter. If possible, you can send a lawyer's notice, as per the bond, via registered post, and consult the lawyer for their suggestions on further actions.
If you know his present employer, you can communicate with them, stating that the specific employee is under an agreement with you and left the organization improperly. It would be better to request his return; if not, you may take legal action against the employee and the present employer.
For any legal actions, please approach a lawyer; it is the best way.
Regards,
Manjunath
From India, Hyderabad
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Bond of Employment.doc
Bond in employment.pdf
EMPLOYMENT PROCESS.ppt