Regarding one sided employement bond

Do you have copy of the bond?

Has the company retained your original certificates too?

The Bond is created in lieu of which extra ordinary favor by company?

The employer may not succeed to enforce the Bond if it has not incurred any expenses on employee that provided some extra ordinary benefits or skills or added to qualification of employee.

Bonded labor has been abolished.

Liquidated damages of 2Lac stated in bond may be required to be proved.

You may go thru Sec13-18 of Model Standing Orders. Service certificate has to be supplied to all employees.

Your lawyer may ask you a set of structured questions and can opine that whether you shall be covered as ‘Workman’ as in ID Act,’Employee’ as in (Name of your state) Shops and Commercial Establishments Act or not?

You may show the job advt., job application, interview call letter, selection letter, offer letter, appointment letter, bond, revenue generated by you, and any other relevant communication to a competent and experienced labor consultant/service lawyer and give inputs in person……………………spend quality time with your lawyer and proceed under expert advise of your lawyer.

The lawyer has examined the details and documents in person can advise you the best.

You have signed the Bond by your free will. Company can pull you to court.

Avoid proceeding in the matter on your own.

IN the meantime you may go thru the attachments.

Hello Sir 

I have attached Bond paper for more detail. please do needful.

I have not given any original certificate to Employer.

The bond is taken by Employer for the training. I went Training for 20 days to Germany for that they forced me to sign that bond paper for 1 year.

Thanks

Prakash 

Was this a specialized training or it was just to manage the counters of the company?

While this training may be essential to handle the work of the company would it help you to acquire some extra ordinary skills for future benefit.

Has it in fact provided some specialized skills?

Is Rs.2Lac cost of training?

If you are not satisfied and if the matter lands up in court of law then court shall decide the liquidated damages to be paid by you, or if any.

Your lawyer may opine to arbitrate and make the company agree on pro rated amounts!

There are clauses on Non Disclosure too. So if  you prefer to negotiate/arbitrate the settlement should include that all clauses stated including Non Disclosure shall also end w.e.f. date of settlement. 

On line discussions has it s own limitations.

It is reiterated that you should meet a lawyer in person and proceed further after understanding the merits.

Hello Sir

 Its not specialized training...its kind of task to perform quality check. Training is given by internal client, not external client. expenses occurred only visa, Flying & Staying.

Thanks

Prakash

Do you mean to state that this was not a training that would benefit you in any sense now or in future.

You mean to say that you were sent so that employer gets certified for so called 'Quality Check'  and in order to become certified you were deputed, and for this purpose, naturally employer has to provide the funds and bear the cost ?

If it was not a specialized training and was required to be given by an entity that may be collaborator, technical collaborator, joint venture partner, principals etc as per some agreement or understanding (if possible acquire such understanding in its printed version) then someone had to go to perform the tasks for Indian employer. The employer could have gone himself.

Is such training available in India also?

Has the foreign entity provided any certification to you in your name?

Or the certification if any has been provided for your employer and employer thru has become certified and empowered to run its business?

Our hunch is that you are clear on the matter you are facing and can provide details, documents, inputs to your lawyer.

You have agreed in agreement signed by you for the  jurisdiction of the courts  at Bangalore.