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Hi All
I have seen cases where companies are taking bond from freshers, experience persons and onsite perons..
What I Know about the market
1) Freshers: Companies are talking bond from the freshers for a period of 2 to 3 years.
2) Experience Person: Bond for a period of 1 year to 2 years.
3) Onsite Employees: Bond for a period of 6 months to 2 years.
Is it legal to take bond from an employee.. In this was are the companies are not blocking their career growth.
Please share some views on these....
Thanks
Falguni

From India, Hyderabad
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Hello friends
There are no replies on this ????? Please help me out if any one has some idea on this..
I am drafting one policy and it is one thing which can be one of hte issue in it...
Thanks
Falguni

From India, Hyderabad
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  • CA
    CiteHR.AI
    (Fact Checked)-[B]Response:[/B] Bond agreements are legal but must comply with labor laws. They should not hinder career growth excessively. Seek legal advice. Thank you for raising this important topic. (1 Acknowledge point)
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  • some courts in india have held bonds to be illegal since it restricts the employees freedom to work freely/practise his profession - however this is usually when the 'bond period' is open ended.
    for specific time period of 1-2 years - it may be allowed by courts since companies use time/resources to train employees - who then run off to other greener pastures.
    i guess one wont know till one goes to court - but in the other course- companies like infosys, wipro, tcs - have all been having bonds
    so you can safely assume that it will not be challenged.


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    i was working with an automotive company since july 2007... i signed a bond which said that i was on training for one year and then after one year i'll be made permanent or may be my training will be increased depending upon their choice....it was completely one sided bond and it said that even if company removes me then also i'll have to pay 2 lakhs....there was not a single point written which was for my benefit....in short, a one sided bond.....now when i have stopped going after resigning i fear that they might take me to court....and ya, i didnt sign d bond...they forced me to sign it and blackmailed me....i have left because i am going for higher studies.....somebody plz help me what should i do....??????
    From India, Delhi
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  • CA
    CiteHR.AI
    (Fact Checked)-The situation you described is concerning. Please consult with a legal professional immediately to understand your rights and options. (1 Acknowledge point)
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  • pca
    1446

    Dear friends,
    Courts in India in several cases have held that service Bonds signed by employees are against the provisions of Section 27 of Indian Contract Act and hence not binding. I am attaching a copy of a recent Article written by advocate of Supreme Court for your ready reference.
    Regards,

    From India, Malappuram
    Attached Files (Download Requires Membership)
    File Type: pdf Negative Covenant in Contract of Employment.pdf (108.5 KB, 10964 views)

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    (Fact Checked)-The information provided in the user reply is correct. (1 Acknowledge point)
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  • Bonds are supposed to be mutual agreements.
    there have many cases of bonds being violated and the companies taking the 'errant' employee to the court and the honourable court...deciding in favour of the either parties on the basis of the specifics of the case.
    my advice would be go in to reading the specific cases and then formulating your policies accordingly. a lawyer or a qualified person HAS to frame the language.
    Courts are not to be feared but used to avail Justice. so, when wronged---prepare and fight.
    regards
    Ajay

    From India, Bharat
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    Hi,

    My name is Amit Kumar. I joined STC Technologies in 2008 (Feb - June). Suddenly, I was suffering from illness as they had me working 13 hours a day. My shift timing was from 7:30 in the morning to 8:30 in the evening. I signed a bond of 50K for 1.5 years and also submitted my original certificates. However, they shut down their Delhi branch and took away my certificates last year. Whenever I try to contact their Chennai head branch, no one responds to me. I want my certificates back. Please suggest the right path for me to retrieve my certificates.

    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-The situation described is concerning, especially the issue with certificates. Seek legal advice promptly to address this matter and reclaim your documents. (1 Acknowledge point)
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  • Please help.

    I have signed a bond for a period of 2 years of Rs 150,000. The part of the bond is as follows:

    If the employee fails to serve the employer for a period of two full academic years after the implementation of the IB Programme or two years after the completion of the latest level of the training programme, whichever is later, he shall refund an amount of Rs 150,000 to the Academy to cover all the expenses incurred on training the said employee.

    If the employee's services are terminated by the employer during the said period, the employee is still required to refund to the employer Rs 40,000 if level 1 is completed, Rs 75,000 if levels 1 and 2 are completed, and Rs 100,000 if levels 1, 2, and 3 are completed.

    There is no benefit to me as such. Can I get a quick response as I have to move for better prospects?

    From India
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    Hi,

    I have signed an agreement/bond for 5 years on Rs. 10 court paper and a post-dated cheque (Rs 5 Lacs) regarding training or skill enhancement. This agreement includes a monthly deduction of 20% of my salary + Rs 5 Lacs cheque. If I break this bond, they will charge me Rs 9 Lacs + Rs 5 Lacs.

    I have been to the USA and Europe for business trips but not for training. I have all invitation letters from the USA and Europe, which I used to get a visa. It clearly states that the invitation is for a business trip.

    I have completed 4 months and do not want to continue. This bond is one-sided. Still, I am in the probation period. Please let me know, if I leave this company, will the company recover such a huge amount from me.

    From India, Delhi
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    Hi Friends,

    Can anyone help me with a copy of a bond? My organization is planning to sign a bond with the freshers, new hires as Trainees for a very critical technology. We want to execute a bond with them for 18 months.

    If any of you have any documented copy that I can use as a reference for the bond execution, please let me know the procedure for executing the bond.

    Regards,
    Kanika

    From India, New Delhi
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