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nitin sharma ( Marketing)     15 November 2012

Agreement bond and soluation

dear sir, my friend signed an agreement bond under undue pressurer from management to terminate him at the middle stage of working wherein he was working with that company on manager scale since last seven year and at the time of joining the compnay only called him and offered him without any agreement. would also like to say in respect of agreement bond company didnt gave him any type of benefits like promotion, increament or any special type of tranining. as the the bond condition after regination without compnay permission he cant join any competitor or cantestabilished his own business for the same product. also would like to inform you that before joine this company he was working with the same type of product company.

 

plz. let me know the soluation of the same , hw he may reieve from this job and can join or can established his business for the same product bcz he has more than 10 years experience of this field only and now at this stage and age cant change the field! can he joined anywhere with his wife name? as he is in marketing so can he has joining with name of his wife? and can he joined any sister concern of same product of company but can do working for the competitor? would like to say if he will work for competitor or same product in that way he has to used the visiting card with the same product line so can he do the same wihtout showing his joining ?

need your valuable suggestion here....



 3 Replies

Kumar Doab (FIN)     16 November 2012

Kindly go thru another thread initiated by you at:

https://www.lawyersclubindia.com/forum/False-case-from-company-and-not-clearing-the-dues-69937.asp#.UKZbGO8yzvo

 

Discussion > Labour & Service Law > False case from company and not clearing the dues   Unanswered ThreadsPost New Topic

 

Explain to your company that the condition to extend the bond after your employment ends is not acceptable to you and that you were not provided access to any kind of sensitive information during your period of employment.

It shall be appropriate to let your matter be taken up by a lawyer and let your lawyer explain by a legal notice to the company.

Valuable advice of learned experts/members is sought.

nitin sharma ( Marketing)     24 November 2012

Dear mr. kumar,

 

need your some more suggestions about agreement ...which they may get signed mid terms of the working and even didnt allow to read and given copy of the same! how to proove that was under undue forced? and is any bond at the middle stage of working is enforceable by law? 

Kumar Doab (FIN)     24 November 2012

You may show all bonds, be it any number of bonds to your lawyer and give inputs in person and let your lawyer evaluate the merits. You may prepare and proceed under the expert advice of your lawyer, and well wishers.

If you can place on record any document/evidence which shows that employee was coerced/forced to sign on the dotted line in the premises of the office without allowing to go thru the contents of the document or allowing to keep the document so as to obtain consultation on the matter in the document it can have far reaching consequences and implications in your case.  Any fellow colleague who is aware of the practices of the company may agree to be your witness. A trade union may meet all employees and may write in its minutes about practices of the company. An inspector under various enactments or labor official may write in his report a comment on various grievances of the employees.

If you have never communicated in writing, but you have represented to senior management and you have the details your may place it on record.

You have to think on the ways and means to defend you.

Also

 

If you have signed on the bond the employer shall claim that you have signed by your free will.

However if any clause, term, condition imposed by employer is illegal/bad in the eyes of law then be it verbal or in writing it remains illegal/bad in the eyes of law.

If the clauses and conditions expressed in the document are such that any sensible individual can not find these palatable then everyone can make out that these were pushed down the throat. Courts are not dumb.

A seasoned and smart lawyer would tell you what shall defend you.

 


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