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Gaurav kumar (finance professional)     13 November 2009

Plz help me

Hi all,

I am a finance professional working in a CPSE. At the time of joining I submitted a bond for working here upto a certain period and in case I leave the co. before that period I have to pay a certain amount.

Now, I am selected by another CPSE which is far better in terms of profile and location so I want to switch over to that company. I am well prepared to pay the bond amount as well as notice period amount but the problem is that my present company demands an undertaking that I will never join any govt. org./ CPSE and only after that they will give me relieving order. As I am going into a CPSE I have to produce relieving order at the time of joining there.

Please suggest me what kind of remedies are available for me to tackle this situation so that I can join my proposed employer and get proper relieving order from here.



 15 Replies

RAM S.PATIL (ADVOCATE)     13 November 2009

Dear Friends,

Can u send me Bond copy. I want to confirm tems & conditions of Bond.After I go through the terms & conditions I will help you.

Gaurav kumar (finance professional)     13 November 2009

Sir,

may I have your cell no.  so that I can explain you terms and conditions in details.

Theja (Lawyer)     13 November 2009

When you join any company you have to abide by their policies and your employment contract and not otherwise of other. If you are ready to pay the amount so agreed to, then they shall not have any issues to relieve you. They shall releive you without subjecting you to nay other restrictions. Any employment policies or any post termination/resignation terms or restricions shall be communicated to you at the time of recruitment only. Now when you want to quit and join another CPSE they can not impose such restricitons upon you. Just confirm if they have any such standard restriciton in their policies or in your employment bond. Also, confirm if such restriciton is applicable to all the employees working for that CPSE or is it only made applicable to you.

If it is then it against your fundamental right. One shll have right to pursue their own profession or trade which may subect to reasonable restriction. But, in your case, the restrictions so imposed upon you that you shall not join any CPSE is not reasonable.

Okay . All the best.

Gaurav kumar (finance professional)     13 November 2009

Originally posted by :Theja
" When you join any company you have to abide by their policies and your employment contract and not otherwise of other. If you are ready to pay the amount so agreed to, then they shall not have any issues to relieve you. They shall releive you without subjecting you to nay other restrictions. Any employment policies or any post termination/resignation terms or restricions shall be communicated to you at the time of recruitment only. Now when you want to quit and join another CPSE they can not impose such restricitons upon you. Just confirm if they have any such standard restriciton in their policies or in your employment bond. Also, confirm if such restriciton is applicable to all the employees working for that CPSE or is it only made applicable to you.
If it is then it against your fundamental right. One shll have right to pursue their own profession or trade which may subect to reasonable restriction. But, in your case, the restrictions so imposed upon you that you shall not join any CPSE is not reasonable.
Okay . All the best.
"


 

Thanks for the reply sir,

my problem is that I have the offer letter copy send by them but I misplaced the photocopy of bond executed on non-judicial stamp paper.

my question is whether I can use the bond agreement executed by my batchmate to prove that such condition was not in my agreement.

regards.

Theja (Lawyer)     13 November 2009

You can not use the agreement of other parties. It is your right in question but not of others.

 

Rama mohan Acharya (Manager HR(Legal))     13 November 2009

As per Govt orders, if a person under bond liability leaves a govt organisation to join the other govt organisation or PSU, theremaining  bond liability will be transferred to the new one. You are not required to pay the amount also if both the organisations are kept informed. Present employer cannot ask for an undertaking as stated by u.

1 Like

Anil Agrawal (Retired)     15 November 2009

 I doubt if the liability of bond can be transferred from one employer to another but there is no escape from the legal provision of the bond.

deepak johari (consultant)     16 November 2009

bond can be transferred to another employer

Anil Agrawal (Retired)     16 November 2009

 What happens if the other employer does not require the employees to execute any bond? How does the previous employer get compensated?

Anil Agrawal (Retired)     16 November 2009

 What are Dons and Underworld doing? Those in power do exactly the same thing because there are no checks and balances in our system OR if they exist nobody wants to exercise them. 

I went to ration office to get the name of dead man deleted. Answer: Pay 500 bucks and I shall get the ration card at home in the evening duly deleted and added.

Rama mohan Acharya (Manager HR(Legal))     16 November 2009

Ministry of Finance,Bureu of Public Enterprises(Central Management Division) Vide O M No. B P E/GT-017/77/MAN/2(11) 75-BPE(GM-I) dated 13.6.1977 can be referred to for transfer of Bond laibility.

Anil Agrawal (Retired)     16 November 2009

 My question is still begging an answer. if the other employer has no bond scheme, what happens to the previous employer whose employee has left without completing the bond period? Who will compensate it? It may have spend considerable amount on training etc.

Rama mohan Acharya (Manager HR(Legal))     17 November 2009

It would be appreciated that the bond executed by the employer(in case of Govt. organisations/PSUs) are the administrative authorities only. Actually the bond is for Govt. Once the new employer being an organisation of Govt. do not have the bond scheme,the employee need not to pay the amount because it is the rule by the Govt only as the employee is illing to transfer.As far as the cost of training is concerned, the employee is willing and is serving the nation through the govt organisation only. 

Anil Agrawal (Retired)     17 November 2009

 We are getting confused with Government, semi-government PSUs, public sector and private sector.

Let me illustrate one example. A medical representative with a MNC executed a bond for 3 lacs. He was sent for training to Germany. His wife was also allowed. After return, he left the company to join another one. 

The company asked him to refund the amount of bond which he refused. A case was filed against him and there was an out of court settlement.

Having spent lacs of rupees on his training and stay at Germany, what is the company expected? To run it as a charitable organisation? To hold the baby while he employee has the best of both the worlds?


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