Employment bond
nikki
(Querist) 14 October 2010
This query is : Resolved
Regarding Employment bond
Hi all,
This is nikki,two weeks back i joined in a job in software company by signing 3 yrs of bond.in that it specified that i should work for 3 yrs there.if i beach the bond i should pay 1.5 lac amount else they would file case on me in court.now i got good job in MNC.i wanna join ther. if i quit this job ll they file case on me in court.i am just fearing about that.can anyone tel me the solution.wheather employement bond is legal.will it work on court..pls guyz do help me.i signed in 20rupees bond sheet..
Thanks
Nikki sam
Raj Kumar Makkad
(Expert) 14 October 2010
The only solution in the given matter is to depsit an amount of Rs. 1.5 lakh with the company wherein you are working and have filed bond. Bond duly filled and agreed by both the parties is a legal document which can be got executed before proper court of law.
ashish lal
(Expert) 14 October 2010
If you have a copy of the said bond mail it to me so that I could give you a proper advise.
my email id is aashish.lal@gmail.com
aman kumar
(Expert) 14 October 2010
bond is legal in terms of law . but amount may be decide by court discretion.
nikki
(Querist) 14 October 2010
i don have bond mail ashish..but that was the mater..i just signed on all the pages.and i think that is single sided bond..i don clearly..pl help me in this i am jus fearing..
nikki
(Querist) 14 October 2010
hi rajkumar and aman,
can u tel any other solution pls..jus 2 weeks went after joining here..pls do help me.
nikki
(Querist) 14 October 2010
and i heard employment bond is not enforceable... and its not legal in india..
Guest
(Expert) 14 October 2010
KINDLY NOTE THAT COMPANY HAS GOT SIGNED BOND FROM YOU OF A CERTAIN AMOUNT.YOU LEFT THE JOB AND HENCE COMPANY MAY CLAIM FROM YOU THE AMOUNT OF BOND.BUT THEY HAVE TO FILE A CIVIL SUIT IN THE CIVIL COURT WHICH GETS PROLONGED FOR YEARS PLEASE NOTE .
AS YOU ARE ALREADY WITH ANOTHER GOOD COMPANY IN CASE YOU NEED TIME FOR SETTLEMENT YOU MAY PROLONG THE MATTER BY DEFENDING IN THE CIVIL COURT AND FURTHER APPEAL TO THE SUPERIOR COURT.
BUT KINDLY NOTE THAT COMPANY MAY NOT ISSUE YOU NO OBJECTION CERTIFICATE WHICH YOU MAY REQUIRE FOR CONFIRMATION IN NEW COMPANY.
BUT IT DEPENDS ON POLICY OF THE PREVIOUS AND NEW COMPANY AND THE PROBLEM CAN BE SORTED OUT BY NEGOTIATIONS.GOOD LUCK.
YOU MAY WRITE OR CALL FOR FURTHER HELP.
REGARDS TO ALL
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
Advocate. Arunagiri
(Expert) 15 October 2010
The bond is legaly valid. The employer is having every right to claim Rs.1.5 lakhs. They can initiate civil suit for this if you dont pay the same.
But, at the same time they can not refuse to relieve you from the job.
You may send the resignation by RPAD.
ashish lal
(Expert) 15 October 2010
You have two problems to solve. First with your existing company and second one with your new company. Tell your new company about your problem and it doesn't have any problem then you do some gain loss analysis. By gain loss analysis I mean to say that in worst case scenario if you have to give your old company Rs.1.5 lakhs, even then are you in gain? if answer is yes then you may consider joining new company. The old company has to follow procedure of law to recover its Rs.1.5 lakhs which may takes years to get decided and your presence is not required in court on each date.
But there is a defense available to you. Most probably the old company has not given any training to enhance your skill set ,as of yet, therefore it doesn't have the ground to ask for compensation.
Vinod Singh Tomar
(Expert) 16 October 2010
I slightly differ on expressed opinions from my learned brothers as the information provided is insufficient. Enforceability of Bond must be considered along with other documents like terms and conditions of the offer letter, appointment letter including probation period if any mentioned therein the said documents and finally confirmation letter if any.
The question of paying amount under the bond will depend upon them. However, the old company has to pay court fee as per the court fee act applicable in the particular state apart from other expenses and court will also consider the material placed on record.
However, you may mail to me on following email i.d. scanned copies of documents as stated herein before.
vinod.tomar1@gmail.com
9923985728
Kirti Kar Tripathi
(Expert) 19 October 2010
I agree with Mr. Nand Kumar, Though the bond is legal but to be get executed, the same requires the mandate of Civil Court. This is very time consuming process. normally no employer files civil suit in pursuant of bond. this is only to put pressure on the employees. However, you must be ready to abide the terms of bond.
