Employment bond
Preetam
(Querist) 13 February 2017
This query is : Resolved
Respected Members,
2 month earlier i joined a company and day before i was about to get my first month salary they asked me to sign Bond. i signed because rejection was going to lead Termination of Employment. they said to mention the joining date on the bond.
i received 13000 net total consideration from the company in last 2 month but now due to some misunderstanding i want to leave the company.
Now they are sending me mail mentioning leaving company will lead to pay Rs. 1 Lac.
What should i do now?? i dont want to work there anymore nor i can pay the bond amount.
rajeev sharma
(Expert) 14 February 2017
Under Sec 27 of Contract Act any agreement restricting right of trade and employment is void.But keep in mind if your company has incurred any expenses on your training or if you are in any specialized sector then the bond may be enforced .
V R SHROFF
(Expert) 14 February 2017
Once you signed the BOND, it is binding on you.
Compromise.
Rajendra K Goyal
(Expert) 14 February 2017
You have to abide by the terms of Bond you have agreed.
Kumar Doab
(Expert) 14 February 2017
The options are to get the Bond and evidences that you have if any, and documents related to employment, examined and find some faults that can render the Bond; unconscionable, unreasonable, void, and employer as unworthy of being employed with.
Do you have copy of the said Bond?
Your posts are not clear; have you already resigned?
By signing the Bond you have given the employer opportunity to chase you.
So either work during the period as in Bond, or pay liquidated damages as in Bond, or negotiate to reduce the amount, or contest the demands of the company.
Preetam
(Querist) 14 February 2017
Respected Member one thing i would like to mention, that is sec 74 of contact act which is about Anticipatory breach of contact. According to me the best remedy available to them is recovery for the damage. I don't think they would be able to prove the expenses they incurred on me on my training. Article 19 of the Constitution give me right to work wherever i want. As bonded labour is now abolished,h hence according to me they can suit file for the expenses on my training that is 13000 salary which they had paid me.
Preetam
(Querist) 14 February 2017
Kumar Doab can you please share your mail to send the Scan copy of the bond
Kumar Doab
(Expert) 15 February 2017
Copy and paste the Bond in this thread.
Or initiate another thread in Forum section and attach the Bond.
Erase the names etc to maintain the confidentiality.
Or visit local counsel specializing in such/labor/Service matters.
Kumar Doab
(Expert) 15 February 2017
You could have declined to sign the Bond and leave apart sign in back date.
The onus to prove your contentions may fall upon you.
Do you have any evidence to prove your contentions, if the need be? If yes, then you signed under duress. It may favor you.
Termination could have been rather favorable to you.
Do you have any evidence that you were coerced, forced to sign the Bond that too in back date?
Have you already resigned?
What are the misunderstandings due to which you have left or are leaving? Is there anything that can render employer unworthy of being employed with?
krishna mohan
(Expert) 15 February 2017
Have a check any notice period on the appointment order as that may give you legal basis to serve for the period or compensate as appropriate. Alternatively you can consult an senior lawyer on service matter in your area to defend your case by responding to the notice if they have served on you.
