Hi, I am working in an IT company wherein Bonds were 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, and whether such agreement is legal and can 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, and whether such agreement is legal and can be enforced through the court of law?
Please guide me.
Thanks & regards, Ranji
From India, Gurgaon
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Dear Ranji, Can u attach ur that format???? I will come with assistance, if possible. Regards Sidheshwar
From India, Bangalore
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32From India, Bangalore
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Hi,
As per the description, it seems that:
a) A separate appointment letter is there.
b) A bond was signed specifically for the purpose of training.
c) In case the employee leaves within the stipulated time, no bond amount was to be recovered.
Hence, considering all these factors, you can deny him the F&F rights as he is not complying with the terms and conditions of the appointment letter, which would have a clause of signing a bond if the employee is sent for training abroad. Furthermore, if the appointment letter states that damages will be recovered, you can approach the court by filing a civil suit for breach of agreement and recovery of damages.
Hope you have a fair idea.
Anand
From United States
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As per the description, it seems that:
a) A separate appointment letter is there.
b) A bond was signed specifically for the purpose of training.
c) In case the employee leaves within the stipulated time, no bond amount was to be recovered.
Hence, considering all these factors, you can deny him the F&F rights as he is not complying with the terms and conditions of the appointment letter, which would have a clause of signing a bond if the employee is sent for training abroad. Furthermore, if the appointment letter states that damages will be recovered, you can approach the court by filing a civil suit for breach of agreement and recovery of damages.
Hope you have a fair idea.
Anand
From United States
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Dear Ranji,
I have been requesting a bond copy (for employees traveling abroad) for the past 2 weeks. Can you please help me with this? It would be greatly appreciated if you could send me a copy of the bond. I am awaiting your speedy reply.
Regards, Jitha
From India, Madras
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I have been requesting a bond copy (for employees traveling abroad) for the past 2 weeks. Can you please help me with this? It would be greatly appreciated if you could send me a copy of the bond. I am awaiting your speedy reply.
Regards, Jitha
From India, Madras
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Hi, I am working in a Malaysian company in the IT department. I signed a two-year bond with the company, wherein if I terminate before 365 days, I will have to pay 6 months' salary, flight tickets, visa fees, and other expenses incurred by the company. If I terminate after 365 days but before 2 years, then I will have to pay 3 months' salary along with all the mentioned expenses. I am originally from India. I have already completed one year of service, but the company has not given me my bonus or any salary increment. The bonus amounts to 10% of my salary depending on performance. The company claims that my performance is not up to the mark. Additionally, I am facing family issues as my mother is unwell, and I have provided a medical certificate for this. Despite this, the company is insisting on the bond money. I gave them a 3-month notice after discussing with my manager, who assured me (verbally) that he would waive off the money if I improved the processes. I worked diligently to meet the requirements. However, my manager now states that it is up to HR to decide whether to waive the bond or not and has changed my department. Moreover, my previous manager is leaving, and the new HOD is uncooperative. Several Indian employees, including myself, have left due to the company's poor treatment. They all left without paying the bond, but I wish to leave peacefully.
Guidance Needed on Handling Bond Issues
Could someone provide guidance on how to handle this situation? I submitted my resignation in April, with my last day set for July, but the company refuses to waive the bond. They have also threatened not to renew my dependent visa as I am resigning before completing 2 years. One important note is that the bond clause is specified in the Appointment letter and not in any separate agreements.
Regards,
Vicky
From Malaysia, Kuala Lumpur
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Guidance Needed on Handling Bond Issues
Could someone provide guidance on how to handle this situation? I submitted my resignation in April, with my last day set for July, but the company refuses to waive the bond. They have also threatened not to renew my dependent visa as I am resigning before completing 2 years. One important note is that the bond clause is specified in the Appointment letter and not in any separate agreements.
Regards,
Vicky
From Malaysia, Kuala Lumpur
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