Yes or No.An employee went to on OJT to USA and for that he had signed two years bond and if he wants to leave in the middle then he has to pay two lakhs rupees, So i want to ask is there any way by which he can escape this bond and leave the organization? Can he defend himself in the court of law? If the company files a suit against him? Will his career get effected by any way? Provide the solution as soon as possible
From India, Hyderabad
4From India, Hyderabad
Hi Viraj,
Your friend has sign a bond with his knowledge and by doing so has agreed into contract abiding by the organization’s rules and regulations. I don’t think he has any way out of this except sticking there till he completes the 2 years or paying the penalty and getting out of there.
In my point of view and with the info that you have provided I don’t think your friend stands a chance in the court unless he has a “very” valid reason to defend him self against.
And the company has all the rights to take him to court because he has signed a legal document.
Regards,
Ashra
From Sri Lanka
Your friend has sign a bond with his knowledge and by doing so has agreed into contract abiding by the organization’s rules and regulations. I don’t think he has any way out of this except sticking there till he completes the 2 years or paying the penalty and getting out of there.
In my point of view and with the info that you have provided I don’t think your friend stands a chance in the court unless he has a “very” valid reason to defend him self against.
And the company has all the rights to take him to court because he has signed a legal document.
Regards,
Ashra
From Sri Lanka
In case he jumps the bond,the Company can sue him in a civil court for recovery of the total expenses made on his Training + the to & fro fare alongwith any damages the Company can prove in the Court. If this amount together is less than the Bond amount, then the recovery may be restricted to the Bond amount. The employer cannot however, enforce that the employee serves them for the period of the Bond.It will be a choice for the employee. Ethically also it is not correct to commit any breach of any promise be it written or unwritten.
A.S.Sharma
From India, New Delhi
A.S.Sharma
From India, New Delhi
Hi,
He can escape from this problem. As u told that he has a bond with the Company for two years now if he removes this contract before time, the company may file a case against him.
So to escape from this problem, he should try to accept those things during his bond which may prove harmful for the company. If Company sends him USA for a deal and that deal can be beneficial for the Company's future aspects. He should try to present those aspects before the USA company which give loss to the his Company instead of benefit.
If he will do such kind of things two or three times, definately Company will through him out from the employment as Companies expect good response from the employees so that it could get benefits instead of loss.
Regards,
Parveen
He can escape from this problem. As u told that he has a bond with the Company for two years now if he removes this contract before time, the company may file a case against him.
So to escape from this problem, he should try to accept those things during his bond which may prove harmful for the company. If Company sends him USA for a deal and that deal can be beneficial for the Company's future aspects. He should try to present those aspects before the USA company which give loss to the his Company instead of benefit.
If he will do such kind of things two or three times, definately Company will through him out from the employment as Companies expect good response from the employees so that it could get benefits instead of loss.
Regards,
Parveen
Dear Parveen,
I think He should not do that because his poor work performance may effect his career in future.
If he intentially shows poor performance, he may get rid of the probllem now but later on during his reference check he will suffer badly as the company where he is working now would not give his positive feedback.
He would not have signed the bond if he wasn't happy with the terms and conditions.
Rather he should try to speak to the management regarding his problems.
Then after two years he can leave.
Gitanjali
Shimal
From India, Delhi
I think He should not do that because his poor work performance may effect his career in future.
If he intentially shows poor performance, he may get rid of the probllem now but later on during his reference check he will suffer badly as the company where he is working now would not give his positive feedback.
He would not have signed the bond if he wasn't happy with the terms and conditions.
Rather he should try to speak to the management regarding his problems.
Then after two years he can leave.
Gitanjali
Shimal
From India, Delhi
Dear friends
I strongly disagree with you all.
No employer can bind an employee by getting a bond/ agreement from him. Such agreements are void in the eyes of law as these are treated agreements in restraint of trade.
Such cases have already come to the courts and law has already been settled in such matters. Supreme Court and various High Courts have already opined that any negative covenant (condition) restraining the employee to undertake employment elsewhere is in violation of Section 27 of the Indian Contract Act, and therefore void.
Regards
Anand
I strongly disagree with you all.
No employer can bind an employee by getting a bond/ agreement from him. Such agreements are void in the eyes of law as these are treated agreements in restraint of trade.
Such cases have already come to the courts and law has already been settled in such matters. Supreme Court and various High Courts have already opined that any negative covenant (condition) restraining the employee to undertake employment elsewhere is in violation of Section 27 of the Indian Contract Act, and therefore void.
Regards
Anand
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