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prakash (design)     06 June 2014

How can i overcome in case of service bond in mnc

Hello Sir

              I Prakash Uppar, working as advance consultant in one MNC.. I wanted some solution regarding Service bond. Could you please suggest me because I have taken decision to break bond? I will be attaching Bond letter to mail please go through sir.

                Last year in the November 2013 I went Germany for 20 days training. For that in Altran they forced me to sign that bond. That time I did not have choice. Now I got opportunity from other organization. I decide to break bond. After that I had oral communication with Altran manager I told him my situation, I put the mail saying that not possible to pay bond amount. I have 3 month notice period. I requested so much & begged in front of him please relieve me, I told for me not possible to pay bond amount worth of 2 lacks. Now he is harassing me to pay the bond amount but he ready to way off notice period. But I don’t want to pay bond amount. Could you please suggest me how can I overcome this situation?

Thanks & Regards

Prakash



Learning

 2 Replies

Kumar Doab (FIN)     06 June 2014

You may show not ‘The Bond alone’ but job advt, job application, interview call letter, selection letter, offer letter, appointment letter, HR policy/service rules and regulations stated in appointment letter, Certified Standing Orders/Model Standing Orders, all communications exchanged before and after offer of this training, your date of flight to Germany, date on the Bond, date of signing the bond etc……………………to a competent and experienced labor consultant/service lawyer-Law firm handling such cases, in person and give inputs so as to find faults with employer and merits in your case……………………………..

You should also explain how you were forced to sign this Bond?

In the said Bond:

-It is tiled as Training Agreement.

- it is stated that you shall be provided ‘knowledge’ without specifying what is the said knowledge…………………………….in certain areas, without specifying what areas………………………….for the benefit of the company, implying the so called training is required by company for company say to run its machines/processes/to perform work of its clients/to earn from market jobs and it might have not added any skill/qualification to you…………………………..……….and that you can’t share it with anyone: without specifying what can’t be shared………………………………

You should explain to your lawyer:

- the said knowledge was for your benefit or for benefit of company and how much revenue you have generated for the company…………………???

-IN Germany did you actually train in some inst and got some certification from recognized inst or work at shop floor?

There are many threads on similar queries that you may finds relevant e.g;

https://www.lawyersclubindia.com/forum/Bond-with-private-company-103285.asp

 

https://www.lawyersclubindia.com/experts/Payment-of-indemnity-bond-419196.asp#.UiNgTNKAqWM

 

 

https://www.lawyersclubindia.com/experts/Service-agreement-bond-clarification-needed-475201.asp#.U5G4rHKSwb8

https://www.lawyersclubindia.com/forum/3-year-term-in-employment-contract-against-sign-on-amount-103019.asp#.U5Hkw3KSwb8

 

You may go thru the attachments in these threads and other threads mentioned in these threads.

If the said knowledge was required to handle the counters/machines/work of employer then it should have been provided without any cost t employee…………

Let your lawyer now draft all of your representations NOW.

The employees in your sector shall continue to suffer till the time you unite.

The employees in your sector have formed unions and Trade Unions are willing to embrace employees from your sector.

The united employees can negotiate the service conditions comfortably and handle such issues and such employers.

 

 

Sudhir Kumar, Advocate (Advocate)     17 June 2014

well elaborated by Mr Kumar Doab.  Nothing more to add.


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