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vineet malhotra (Employee)     07 June 2015

Job/employment bond

Hello Lawyers,

I need your help to understand the validity and effectiveness of Bond/Agreement.

I have been in employment with a company for last 3 years. Now my projects has changed and company has offered me change in base location with clause that I need to sign agreement/ Bond with validity of 12 months. Below are points mentioned in agreement:

1. Agreement/Bond on revenue paper of INR 50.

2. Company wil pay me xxxx amount as relocation expense valid for  12 months.

2. In event of resignation, as a penalty  I need to pay full amount (12months relocation expense) to company.

3. Another penalty : No experience letter , releiveing letter will be issued.

Please advise on this validity of agreement.

Regards,

Vineet Malhotra

 

 



Learning

 1 Replies

Kumar Doab (FIN)     07 June 2015

 



Generically speaking:

NO. You should not join with such T&C.

 

(A):  You have posted that :

“Now my projects has changed and company has offered me change in base location with clause that I need to sign agreement/ Bond……………”

Is this communication in writing?

What are the implications stated in the communication mentioned above, if you don’t sign?

Usually it is mentioned in appointment letter, HR policy/service rules and regulations/conduct and discipline rules etc (mentioned in appointment letter) that service can be transferred to any location/office/div/dept etc……………………. or even seconded!

Employee can resign from any location where he/she is based. Resignation is not misconduct.

 

In case of relocation (ordered by company in particular) all expenses are to be born by company…………………….hence payment of relocation expenses should form/create NO valid ground for an agreement binding the employee with an agreement/BOND with penultimate clauses.

Declinature to accept such offer must not amount to misconduct however you need to build irrefutable evidence (audio/visual/witnessed/minuted) for use at appropriate time in appropriate forum in future, if the need be.

 

(B): “1. Agreement/Bond on revenue paper of INR 50.

2. Company wil pay me xxxx amount as relocation expense valid for  12 months.

2. In event of resignation, as a penalty  I need to pay full amount (12months relocation expense) to company.

3. Another penalty : No experience letter , releiveing letter will be issued.

 

Are these conditions stated in writing in the communication supplied to you?

 

You can form a qualified opinion after all documents mentioned by you, and above are examined by an able Labor Law Consultant/Service Matters Lawyer/law firm dealing in such matters.

 

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maxmimum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties?

Do you have, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?

 

What is issued to you: appointment letter or contract of employment or some other agreement?

Are you currently also under some BOND?

 

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

 

Are you a member of any employee’s/Trade Unions?

What is your monthly salary?


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