Ram Prakash (Manager) 02 March 2014
Dear Sirs
My Indian company sent me on deputation to japan for three years on a service bond of 5 years once I comeback to india or pay 1.2 times the salary paid by indian company during these three years. Now I want to break the bond in 2 years and join another company in Japan?
I have a Inter company transfer visa for 3 years.
How can I break bond with Indian company ?
Kumar Doab (FIN) 02 March 2014
Do you have copy of the Bond or not?
The Bond may have other clauses too e.g. Non Disclosure, Non Compete, Trade Secrets,…………….etc.
If you do not have copy of Bond, demand the certified copy.
Has the company incurred
Generically speaking if company has not incurred any expense on providing training that might have added some extra ordinary skills, qualification it may not succeed.
The liquidated damages are stated in the Bond signed by you however liquidated damages may have to be proved.
Company may have the right to
Cancel the VISA.
Since you have signed the Bond by your free will company can issue notice, legal notice and may even file case in court of law and in such a case court of law shall decide on merits.
It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and Discipline rules, Order of Deputation, communications exchanged before afyer the issuance of deputation order, Service Bond, detail of expenses incurred on Travelling, VISA, Boarding Lodging and most importantly on Training if any imparted to you, and any other relevant communication/record/document………………………………………….to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advise of your lawyer.
You have a self centered interest to break the Bond, however do not act in haste and do not fall in legal traps.
The lawyer that has examined all docs and records, inputs can advise you the best.
Let your lawyer build favorable record in writing.
Deputation and Transfer are part of service conditions and if it for works to be done for the employer then employer should bear the cost too.
You may find the attachments useful.
It is reiterated that you should proceed under expert advice of your Labor consultant/service lawyer.
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