What has not not been agreed to as a Contract cannot be enforced by the other party.
The contract for service has been executed by you and your employer in terms of the offer of appointment , your acceptance followed by the Appointment letter.
In case the details and conditions of Bond has not been there in your Appointment Letter, at a latter date, the employer cannot enforce the same unless there has been another agreement after your traiining or a special a assignement including a foreign trip.
In the absence of a pre-existin contrac between you, the employer cannot enfore any further finincaial condition unilaterally.
If any employer persists with his threat, he will be liable for criminal prosecution.
A.Irudayam
Advocate - Madras High court
9940686632
From India, Madras
3The contract for service has been executed by you and your employer in terms of the offer of appointment , your acceptance followed by the Appointment letter.
In case the details and conditions of Bond has not been there in your Appointment Letter, at a latter date, the employer cannot enforce the same unless there has been another agreement after your traiining or a special a assignement including a foreign trip.
In the absence of a pre-existin contrac between you, the employer cannot enfore any further finincaial condition unilaterally.
If any employer persists with his threat, he will be liable for criminal prosecution.
A.Irudayam
Advocate - Madras High court
9940686632
From India, Madras
Dear Alok
1) It is illegal to ask bond unless your employer has taken special efforts in terms of special training, etc. at their cost to enhance your skill.
2) After putting resignation, enforcing you to sign bond is totally unethical from employer's part.
3) Your appointment letter is your employment contract with your employer and its terms & conditions are binding on you.
4) Even if you join your employer's competitor after resigning from the current employer, current employer can not enforce a restriction unless as mentioned in point No. 1 above.
5) If you are threatened with any legal action by employer, it will be read in line with bonded labour, which is not permitted in India and such legal threat will be null and void in the court of law.
Now you go ahead boldly with your decision of leaving the company and join new employer. However will have to convince your new employer if they ask for your relieving and service letters.
Suresh
From India, Pune
1) It is illegal to ask bond unless your employer has taken special efforts in terms of special training, etc. at their cost to enhance your skill.
2) After putting resignation, enforcing you to sign bond is totally unethical from employer's part.
3) Your appointment letter is your employment contract with your employer and its terms & conditions are binding on you.
4) Even if you join your employer's competitor after resigning from the current employer, current employer can not enforce a restriction unless as mentioned in point No. 1 above.
5) If you are threatened with any legal action by employer, it will be read in line with bonded labour, which is not permitted in India and such legal threat will be null and void in the court of law.
Now you go ahead boldly with your decision of leaving the company and join new employer. However will have to convince your new employer if they ask for your relieving and service letters.
Suresh
From India, Pune
Dear Alok,
The provision you are looking is section 27 of Indian Contract Act. I am reproducing the same below.
Agreement in restraint of trade void.
27.Agreement in restraint of trade void.-Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. Saving of agreement not to carry on business of which good-will is sold.-
Exception 1.-One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein, provided that such limits appear to the Court reasonable, regard being had to the nature of the business.
You situation clearly falls under the said section. This kind of agreements are void in the eyes of Law. These are not enforceable even if you sign it. Do not worry you may contact police even if they try to force you to sign the agreement.
From India, New Delhi
The provision you are looking is section 27 of Indian Contract Act. I am reproducing the same below.
Agreement in restraint of trade void.
27.Agreement in restraint of trade void.-Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. Saving of agreement not to carry on business of which good-will is sold.-
Exception 1.-One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein, provided that such limits appear to the Court reasonable, regard being had to the nature of the business.
You situation clearly falls under the said section. This kind of agreements are void in the eyes of Law. These are not enforceable even if you sign it. Do not worry you may contact police even if they try to force you to sign the agreement.
From India, New Delhi
HI All,
I am really very-very thankful for you . I have tried to get in mail statement from HE team
"That they will not give me relieving till the time I will not sign this bond . " But HR team is not sending in mail they are saying verbally. Still tomorrow is my last date .I will do the needful and suggested by the members. I am copying the whole mail chain I had with my HR manager. remember she haven't replied till the time.
-========
Hi Suhasini Mam,
I went to Intel in December 2011 . At that time AMI INDIA policy was that employee can’t join any of the client company till six months after returning from client company. I have already completed my six months after returning from onsite. Because Now later on this policy was changed and it was not informed to me and not asked to sign me before.
For a contract, the terms have to be mutually agreed upon, before the start of employment and not after the resignation. I put my resignation mail at 9 April 2013 and I got to know about this bond policy just two days before(May 13, 2013) my reliving date (May 15, 2013).
I have already completed my six months after returning from onsite , So I think I am not the right employee to ask this bond . I am not ready to sign this bond . Please let me know can I GET my reliving letter without signing this bond?
Regards
Alok
From: Alok Kumar Agarwal
Sent: Tuesday, May 14, 2013 11:52 AM
To: Rajesh S; Suhasini Ramakrishnan
Cc: Ramesh Raju; Vinod Kumar Mishra; 'alokal.123@gmail.com'; 'alok_electronics@yahoomail.com'
Subject: RE: Letter of Resignation
Hi Suhasini Mam/Rajesh,
As I have my last day of reliving at 15 may 2013 . Please give me some comments on below question as soon as possible.
Regards
Alok
From: Alok Kumar Agarwal
Sent: Monday, May 13, 2013 5:09 PM
To: Rajesh S
Cc: Suhasini Ramakrishnan; Ramesh Raju; Vinod Kumar Mishra; Alok Kumar Agarwal;
; 'alok_electronics@yahoomail.com'
Subject: RE: Letter of Resignation
Hi Rajesh,
Mean while I have some of the questions ..
a) When I went to onsite AMI INDIA policy was that we can’t join any of the client company till six months after returning from onsite. So xactly on which date this bond this bond came into the picture.
b) Is this indemnity bond shared by AMI-INDIA with the employees anywhere on EPMS? Please share the link with me also.
c) As I got the Format of indemnity bond , It looks like a onsite bond. In normal cases, any of the company can ask this type of BOND before sending the client at onsite. So why this bond was not asked to sign before sending me onsite ?
d) Why there was not any official intimation to me before my resignation?
e) Is it legal to ask any kind of bond after resignation?
Because at the time ( 11 december 2011) ,I went to onsite AMI-INDIA don’thave this policy so I think I will not come under this bond. Please let me know your comments here.
Regards
Alok
From: Alok Kumar Agarwal
Sent: Monday, May 13, 2013 3:03 PM
To: Rajesh S
Cc: Suhasini Ramakrishnan; Ramesh Raju; Vinod Kumar Mishra
Subject: RE: Letter of Resignation
Hi Rajesh,
Can you please let me know what is indemnity bond .Can you please share a softcopy with me for this bond.
Regards
alok
From: Rajesh S
Sent: Monday, May 13, 2013 2:56 PM
To: Alok Kumar Agarwal
Subject: Letter of Resignation
Dear Alok(8809)
Greetings!
It is unfortunate that you have decided to end your employment with us. Since you have decided to carry on we would like to familiarize you with the AMI separation policy in brief.
1. AMI requires all employees to serve notice period applicable to your band. You would be required to serve 45days starting from 09Apr2013. Your last working day would be 23May -2013. This notice period is not negotiable and request you not to ask for waiver. But your units Head approved for before 23rd May2013 So your last working day in AMI 15th May 2013
2. During the notice period, you are not eligible for CL or EL. Should you fall sick you need to submit a doctor’s certificate for your absence.
3. Should you have any financial dealing such as bond, salary etc please check with finance or HR and close it before your last working day.
4. HR will record your resignation in adrenalin one week from the last working day. Please work with the respective team members to ensure all your dues are closed at least one day in advance. Once we record your last date in Adrenalin it cannot be changed.
5. Please submit your proof of investments to finance one week before the last working day and you have to pay bond amount 75000.before reliving, and you have sign to indemnity bond.
For more clarity please refer to the Employee Handbook for more details.
Should you have any doubts please feel free to contact me or Senthil from the HR team.
Thanks ®ards
S.Rajesh
===========
Regards
Alok
From India, Chennai
I am really very-very thankful for you . I have tried to get in mail statement from HE team
"That they will not give me relieving till the time I will not sign this bond . " But HR team is not sending in mail they are saying verbally. Still tomorrow is my last date .I will do the needful and suggested by the members. I am copying the whole mail chain I had with my HR manager. remember she haven't replied till the time.
-========
Hi Suhasini Mam,
I went to Intel in December 2011 . At that time AMI INDIA policy was that employee can’t join any of the client company till six months after returning from client company. I have already completed my six months after returning from onsite. Because Now later on this policy was changed and it was not informed to me and not asked to sign me before.
For a contract, the terms have to be mutually agreed upon, before the start of employment and not after the resignation. I put my resignation mail at 9 April 2013 and I got to know about this bond policy just two days before(May 13, 2013) my reliving date (May 15, 2013).
I have already completed my six months after returning from onsite , So I think I am not the right employee to ask this bond . I am not ready to sign this bond . Please let me know can I GET my reliving letter without signing this bond?
Regards
Alok
From: Alok Kumar Agarwal
Sent: Tuesday, May 14, 2013 11:52 AM
To: Rajesh S; Suhasini Ramakrishnan
Cc: Ramesh Raju; Vinod Kumar Mishra; 'alokal.123@gmail.com'; 'alok_electronics@yahoomail.com'
Subject: RE: Letter of Resignation
Hi Suhasini Mam/Rajesh,
As I have my last day of reliving at 15 may 2013 . Please give me some comments on below question as soon as possible.
Regards
Alok
From: Alok Kumar Agarwal
Sent: Monday, May 13, 2013 5:09 PM
To: Rajesh S
Cc: Suhasini Ramakrishnan; Ramesh Raju; Vinod Kumar Mishra; Alok Kumar Agarwal;
Subject: RE: Letter of Resignation
Hi Rajesh,
Mean while I have some of the questions ..
a) When I went to onsite AMI INDIA policy was that we can’t join any of the client company till six months after returning from onsite. So xactly on which date this bond this bond came into the picture.
b) Is this indemnity bond shared by AMI-INDIA with the employees anywhere on EPMS? Please share the link with me also.
c) As I got the Format of indemnity bond , It looks like a onsite bond. In normal cases, any of the company can ask this type of BOND before sending the client at onsite. So why this bond was not asked to sign before sending me onsite ?
d) Why there was not any official intimation to me before my resignation?
e) Is it legal to ask any kind of bond after resignation?
Because at the time ( 11 december 2011) ,I went to onsite AMI-INDIA don’thave this policy so I think I will not come under this bond. Please let me know your comments here.
Regards
Alok
From: Alok Kumar Agarwal
Sent: Monday, May 13, 2013 3:03 PM
To: Rajesh S
Cc: Suhasini Ramakrishnan; Ramesh Raju; Vinod Kumar Mishra
Subject: RE: Letter of Resignation
Hi Rajesh,
Can you please let me know what is indemnity bond .Can you please share a softcopy with me for this bond.
Regards
alok
From: Rajesh S
Sent: Monday, May 13, 2013 2:56 PM
To: Alok Kumar Agarwal
Subject: Letter of Resignation
Dear Alok(8809)
Greetings!
It is unfortunate that you have decided to end your employment with us. Since you have decided to carry on we would like to familiarize you with the AMI separation policy in brief.
1. AMI requires all employees to serve notice period applicable to your band. You would be required to serve 45days starting from 09Apr2013. Your last working day would be 23May -2013. This notice period is not negotiable and request you not to ask for waiver. But your units Head approved for before 23rd May2013 So your last working day in AMI 15th May 2013
2. During the notice period, you are not eligible for CL or EL. Should you fall sick you need to submit a doctor’s certificate for your absence.
3. Should you have any financial dealing such as bond, salary etc please check with finance or HR and close it before your last working day.
4. HR will record your resignation in adrenalin one week from the last working day. Please work with the respective team members to ensure all your dues are closed at least one day in advance. Once we record your last date in Adrenalin it cannot be changed.
5. Please submit your proof of investments to finance one week before the last working day and you have to pay bond amount 75000.before reliving, and you have sign to indemnity bond.
For more clarity please refer to the Employee Handbook for more details.
Should you have any doubts please feel free to contact me or Senthil from the HR team.
Thanks ®ards
S.Rajesh
===========
Regards
Alok
From India, Chennai
Dear Alok,
Follow what Anonymous had shared. Send your employer a registered letter, stating the resignation and its acceptance details. Address the exit formalities and offer to pay for any notice period that you wouldn't serve. Put a date and a time, within which if they do not respond , it would naturally stand, as a closed case.
Put the information which KamalKant had shared in the letter, mentioning how the claim for bond stands in valid. Do get a lawyer to proof read your letter before you mail them.
Remain as determined as you are now. While joining your new employer, do share you were required to sign a bond after the resignation and you had denied, as it stands illegal. That will take care of your background verification. Do show them this registered letter, in case you receive no experience certificate. No further comments from your ex-employer would then have any impact.
Wish you all the best !
From India, Mumbai
Follow what Anonymous had shared. Send your employer a registered letter, stating the resignation and its acceptance details. Address the exit formalities and offer to pay for any notice period that you wouldn't serve. Put a date and a time, within which if they do not respond , it would naturally stand, as a closed case.
Put the information which KamalKant had shared in the letter, mentioning how the claim for bond stands in valid. Do get a lawyer to proof read your letter before you mail them.
Remain as determined as you are now. While joining your new employer, do share you were required to sign a bond after the resignation and you had denied, as it stands illegal. That will take care of your background verification. Do show them this registered letter, in case you receive no experience certificate. No further comments from your ex-employer would then have any impact.
Wish you all the best !
From India, Mumbai
Requesting/forcing an employee to sign a bond post tendering resignation will never stand. This is just a desperate attempt to stop your movement.
In case if the company is not giving relieving letter, meet a lawyer and proceed further as per his advice
From India, Bangalore
In case if the company is not giving relieving letter, meet a lawyer and proceed further as per his advice
From India, Bangalore
Dear Alok, We have made the changes. Let us know, would edit any further details , for your security reasons.
From India, Mumbai
From India, Mumbai
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