Employment Agreement
Naz
(Querist) 10 January 2011
This query is : Resolved
HI,
I am working for a aviation company.I have signed a bond with the company, and as per that i cannot leave the organisation for period of 4 years or i have to pay sum of Rs.4 lacs. I signed this at the time of going Singapore as they sent me there. The training was for 6 months but they called me back after 2.5 months. And in singapore they paid us daily allowances but they did'not gave any special training to us, they just used us as men power. Now the five months have passed by & now i have found a new job which is providing good package, i want to join that company. now if i join that co. i have to pay my current organisation Rs.4 lacs which i dont have. Can I break this agreement? Please reply me soon. And please let me know if u want any other info.
Thanks in advance.... Reply soon...
Ajay Bansal
(Expert) 10 January 2011
You have to pay Rs. 4 lacs to company if you break the agreement.
Amit Minocha
(Expert) 10 January 2011
do you have any document to show that the training was for 6 months and then you were sent on employment visa ? Also check if they violated any written term of employment with you , then you have some scope.
Naz
(Querist) 10 January 2011
They have not provided any document/certificate of training. One more thing I want to mention My company send me to singapore as employee of some other comapany. The work permit was of other company name.
Heaven 2011
(Expert) 10 January 2011
Generally there is no way....but what Mr. Amit has advised is ok to some extent....but there is question of 'if'...only 'if' then.....
Heaven 2011
(Expert) 10 January 2011
Further as you have told that they have sent you to Singapoor at other Company's name, now if all the operation prior to your sending Singapoor was subject to paper work of that other Company's name, then there is a clear breach of contract but you have to prove that. Now in service management agreement it is seen that a company's hired labour/ manpower is used by another company. But it can be done only if there is an agreement in support thereof.
Naz
(Querist) 10 January 2011
The bond was on my current company name but the visa is on other company's name...
Naz
(Querist) 10 January 2011
Hi, Thanks for your reply...
Should I send u a copy of that agreement? So that U can tell me how much that agreement is legal? and what actions my company could take, if i break bond?
Kirti Kar Tripathi
(Expert) 10 January 2011
contracts of services are governed by Indian Contract Act unless there exist any statute or law regulating the service conditions of employee of that category. These contract are binding both the parties to the contract. Since you have signed the bond thus conditions of bind are binding to you and you are legality bound by the terms and conditions of the bond. Thus, in case, you want to leave the job, it your legal obligation to pay the amount under the bond, otherwise, your employer has a right to recover the same by filing of suit for recovery of amount under the bond. But for recovering that said amount, it has to pay a huge amount by way of Court fee and further the process of recovery by civil suit is very long and time taking. My experience is very few employer adopts this processes. Generally these clauses are mentioned just to put a pressure on the employee. So if you want to leave, you can leave the job, but be ready to pay the amount under the bond in case, any suit is filed by your employer.
malipeddi jaggarao
(Expert) 11 January 2011
Expert Mr.Kirti Kar Tripathi well advised. Nothing more to add.
Advocate. Arunagiri
(Expert) 13 January 2011
If your agreement specifically says about the 6 months Special training at Singapore, and the company had not given that training at Singapore, you are not bound by the agreement clause pertaining to the compensation.
