Breaking the Bond

Querist : Anonymous (Querist) 20 January 2011 This query is : Resolved
I m working in an IT company . Signed a bond for 5.5 years. They are sponsoring my MCA. First bond is for 3.5 years till MCA and the second bond is for 2 years . Totally 5.5 years. The salary is very low and we are not treated well over here . ITs like hell. I wanna jus leave this company. What wil be the consequences . Please let me know . I need help badly.
If i break the bond i have to pay 2.8 lakhs now . for the second bond i have to pay 3 lakhs. M not willing to pay...

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Arul Kumar (Expert) 20 January 2011
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.

Again as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom its is enforced and if performed would violate principles of natural justices. Contracts entered between two parties if is one sided then such contract would be null and void. Thus if the Bond is one sided, then it is void.

Ashok Yadav (Expert) 20 January 2011
You can leave the company you will not have to pay any amount as per bond, Mr. Arul Kumar has described it nicely that Supreme court has ruled this situation. No employee can be forced to pay money in lieu of his release from job. But they may harras you for any Exp./ Salary certificates etc.

Advocate. Arunagiri (Expert) 20 January 2011
I differ. The company can not force you to work. But, the company has the right to claim compensation as per the agreement. These type of agreements are there in Government/PSU also.

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