pranav (engineer) 06 February 2012

Employment bond

Hello All,

Need your expert Help. My offer letter from my company has wordings like "if you are sent abroad for training, then you must enter into a service agreemt of 2 yrs or pay 3 lakhs" . I had signed this physically and had asked the HR via email to explain the details .However I was told that it is not important and I joined the company after I sent acceptance of the offer via email. Later I was sent abroad for training with no seperate agreement signed. Also I have not recieved any appointment order. Now I have served about 1 yr in the company and I am geeting good offer from another company.

I would like to know , without a signed paper , will this employement bond hold good? Will it be taken for granted that I have accepted the bond because i joined the company and have been receiving salary. Kindly let me know your valuable opinion. There was almost trg that i recieved when I was abroad. It was deemed as on the job while i was actually working.

Regards

Sujith

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4 Replies

vasant kulkarni (DEPUTY CHIEF EXECUTIVE OFFICER) 06 February 2012

BY ACCEPTING THE OFFER YOU HAVE INDIRECTLY CONYEYED YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS.HOWEVER YOU CAN FIGHT FOR YOUR RIGHTS IN COURT OF LAW, FOR KEEPING YOU DARK OR MAKING FALSE REPRESENTION TO YOU TO FORCE YOU TO JION THE CO.BUT AS A PRUDENT EMPLOYEE,ITS BETTER YOU CONSULT THE SENIORS IN THE CO TO SETTLE THE MATTER,BY ACCEPTING THE FACT THAT CO HAS INCURRED EXPENSES ON YOU.

Kumar Doab (FIN) 06 February 2012

It is felt that as you have not signed acceptance of bond, hence there is no bond,it can not be enforced on you.

Keep and maintain a record of revenues and profits you have generated with your services abroad. You should be able to justify the expenses if company claims an expense. Moreover if you were asked to travel abroad by an office order then office has to bear the expense. However there should not be any such clause in order.

Did you receive any announcement to join training in writing, if yes that should be examined.

If the employee does not receive/sign the appointment letter but draws salary employer can allege that employee has accepted the order of appointment.

pranav (engineer) 08 February 2012

Thank you all for your valuable opinion. Onemore question I have is that the offer letter says you must enter into a service agreement for 2 years. Does that not mean that the offer letter it self is not an agreement and a seperate agreement has to be made for the bond.

vasant kulkarni (DEPUTY CHIEF EXECUTIVE OFFICER) 08 February 2012

FOR AGREEMENT TO COME IN FORCE, THERE MUST TO TWO PARTIES AGRREING ON SPECIFIC MATTER.THE BOND ITSELF IS NO AGREEMENT UNLESS YOU SIGN/CONSENT.WHEN ONE OF THE PARTY ACT AS PER THE AGREEMENT THEN IT IS PRESUMED THAT AGREEMENT IS COMPLETE.