Service bond

Vishnu (Querist) 29 March 2012 This query is : Resolved
Hi

One of my friend was working for a company but resigned recently.At the time of joining she signed an agreement for 2years,but due to some reasons she has resigned within 6months of her joining.The company has also took the Education certificates of her.

Could you please clarify wht will be the consequences and solutions for
1)Is the agreement valid if it is signed on a bond paper.
2)Is the agreement valid if it is signed on the company letter head.
3)How to get back the Certificates from them.

Thanks & Regards
vishnu

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Deepak Nair (Expert) 29 March 2012
Any agreement in restraint of trade and practice are void.

In your friend's case, the bond will be valid only if the employer has incurred any substantial amount of expenses towards the training and development of your friend. The expenses of the employer on the employee on normal course is not considered.

In the absense of any such expenses, such bonds are invalid/void. The practice of holding the certificates is alse illegal.

Your frined have to serve a legal notice to the employer demanding the certificates.

Sudhir Kumar, Advocate (Expert) 30 March 2012
Agreed wtih Mr Vishnu.

I add that certificate can be obtained duplicate from the university.

by the way she gave certificate. Even person joining Armed Forces do not deposit original certificates.

She must suffer so that others learn lesson

Deepak Nair (Expert) 30 March 2012
The employers who are in a dominant position take advantage of the situation. The people looking out for a good job fall pray to such tricks.

V R SHROFF (Expert) 30 March 2012
The Agreement ios valid in both the cases.
Management takes undue advantage by BOND now a days and in fact cheat many poor job seekers.