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Vanshu (Student)     25 October 2013

Is bond is legal in india

Please help me..!!

Will any body help me about that bond is legal in India.

In feb i had joined a company and also signed a bond while joining that company, also submit my original documents to the company. From august my health is not well and i have to leave that company. But the company said that u can not break bond like this and you have to mention notice period but i am not in this condition that i can do complete their notice period. Company ask me to give the X amount then they will provide me my documents. 

Please suggest me what i can do in this situation 

 



Learning

 8 Replies

Kumar Doab (FIN)     25 October 2013

Hope you shall take this post in positive spirit.

There are few imp. questions that arise.

You could have consulted elders in the family, competent and experienced well wishers, lawyer/law firm before signing on the dotted line in Bond.

You should have certainly consulted before handing over your original certificates.

Who had advised you to sign on the bond and submit your original certificates?

Has the company asked you in writing to submit certificates and has it issued any acknowledgment for the receipt of certificates?

The original educational certificates can not be asked for, collected, or retained as collateral.

 

Bond/Service Agreement etc are not illegal.

The conditions in the bond may get termed as arbitrary, unconscionable, unreasonable, illegal, unlawful, void……………………and may become unenforceable.

It should be seen the agreement is in lieu of what favor/expense by the company.

To expect something from employee company has to offer something to employee.

If company has not granted any extra ordinary favor to employee and has not incurred any expense on training that would add to some extra ordinary skills and qualification of employee it may not be able to prove reasonableness of the matter and reasonable amounts if any………………… that company can claim from employee.

You may show the job advertisement, interview call letter, offer letter, selection letter, offer letter, appointment letter, bond, any communication asking you to submit original educational certificates………………to your labor consultant/service lawyer.

The lawyer that has seen all of your docs and has analyzed your inputs can advice you the ebst.

 

Retention of Certificates has already been declared illegal by judgments of the court of law e.g;


 

Madras High Court
Dr.S.Rajesh vs The State Of Tamil Nadu on 12 December, 2008
Dated : 12-12-2008


https://www.indiankanoon.org/doc/1028571/

https://www.lawyersclubindia.com/forum/Help-Service-bond-causing-unemployment--85093.asp#.UjbNaNKAqWM





IN the meantime you may go thru the attachments and other similar threads e.g;

https://www.lawyersclubindia.com/forum/Service-bond-and-work-timings-90677.asp#.UmqJD3CAqWM

https://www.lawyersclubindia.com/forum/Advice-on-resignation-90642.asp#.UmqJN3CAqWM

https://www.lawyersclubindia.com/experts/Regarding-compulsory-bond-during-medical-post-graduation-course--423201.asp#.UmqLunCAqWM

https://www.lawyersclubindia.com/forum/Advice-on-termination-90639.asp#.UmqJYHCAqWM

 

 

 

 


Attached File : 140183942 417759075 validity of employment bonds.pdf, 140183942 background paper.pdf, 140183942 dr.s.rajesh vs the state of tamil nadu on 12 december, 2008.pdf downloaded: 267 times
1 Like

Vanshu (Student)     26 October 2013

Sir my health is not gud and they are also not provided my salary from last 2 months.

Kumar Doab (FIN)     26 October 2013

Submit leave application with copy of medical certificate from your doctor.

Discuss with elders in the family and with help draft a letter and send by redg. post  to appointing authority, MD of your company for all of your demands including salary, original certificates and depending upon the reply of no reply from company you may approach your lawyer with copies of all documents as suggested in first post and proceed under expert advise of your lawyer. Mention that leave application with copy of medical certificate from your doctor is attached.

 

Vanshu (Student)     29 October 2013

i have already discussed in family about this topic and they are not at all allowing me to do job because  of my ill health. And i have submitted my medicals reports copy to the office. But the company is not reverting me regarding the same. I just want my documents please suggest me how can i get my documents from the company. Can i get my documents by sending the company legal notice? If any other suggestion you have then please suggest me. It is very urgent . 

Kumar Doab (FIN)     29 October 2013

 

You have not reverted to few points that were raised in previous posts.

 

 

Do you have any acknowledgment issued to you by the company for original certificates collected from you?

 

If No then you may generate some proof (audio/visual)………………..in writing.

 

The legal notice usually helps to drill sense into the heads.

 

No one can predict that company shall meet your demands on getting legal notice or not.

 

In the judgment posted earlier the hon’ble court has pointed out the original documents can not be retained and should be returned and to enforce the bond employer may proceed to enforce the provisions in the bond.

 

It has already been pointed out in the previous post that “If company has not granted any extra ordinary favor to employee and has not incurred any expense on training that would add to some extra ordinary skills and qualification of employee it may not be able to prove reasonableness of the matter and reasonable amounts if any………………… that company can claim from employee.”

The company may not proceed to recover the bond amounts if it is on weak foot.

If you are not serving the notice period you are liable to tender notice pay.

However if notice period stated in appointment letter is violative of standing orders applicable to the company (certified/Model) or statue, or Shops and Commercial Establishments Act applicable to the state company may not succeed to enforce it too.

If you are not probation period ideally the notice period should be NIL.

 Approach a local labor consultant/service lawyer with your elders in the family. The lawyer that has seen all of your docs and has analyzed your inputs can advise you the best.

 

You can also approach Trade Union Leaders, O/o labor Commissioner.

 


1 Like

Vanshu (Student)     31 October 2013

Sir, can you provide me your phone number. i wanna discuss the whole matter with you. i can't explain in msg.

Kumar Doab (FIN)     31 October 2013

NO.

You may post in this thread as long as you want.

As already suggested visit a local labor consultant/service lawyer along with copies of job advertisement, job application, interview call letter, selection letter, offer letter, standing orders applicable to the company (certified or model and extended to your designation) appointment letter, service agreement/bond , notice of resignation, legal notice, all correspondence, to your lawyer and proceed under expert advise of your lawyer………………………………The lawyer that has seen your entire docs and has analyzed your inputs can advise you the best.

Probably your company want you to get treatment of the disease you are suffering from, get well and return to your job.

The company does not want to relieve a bonded employee.

Vanshu (Student)     31 October 2013

ok sir thanku..


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