Dear Sree!!! Sorry I replied mentioning Rekha. Pl. read the reply as 4 u. Happy to note that u r TVMITE. Wish u HAPPY NEW YEAR 2006 Regards Nair KK
From India, Bhopal
199From India, Bhopal
Dear Nair saab. your reply was very informative. Happy New year to you too. — — - sree
From India, New Delhi
From India, New Delhi
Hi,
I have a query on IT companies getting a bond signed from their software engg trainees.
The trainees typically sign a bond with the IT co for a 1-2 year period that they would not leave the employer.
1. If a trainee, breaks such a bond, what action can the company take?
2. If the company sends a notice and the left employee does not answer the notice, what are the consequences?
Thanks
From India, Madras
I have a query on IT companies getting a bond signed from their software engg trainees.
The trainees typically sign a bond with the IT co for a 1-2 year period that they would not leave the employer.
1. If a trainee, breaks such a bond, what action can the company take?
2. If the company sends a notice and the left employee does not answer the notice, what are the consequences?
Thanks
From India, Madras
Hi Rekha,
The other way of the bond would be : asking the employee to serve the company for one year ( may be after confirmation) and taking bond from him, where in HE AGREES TO PAY ONE MONTH SALARY AS A DEPOSIT with the company .in case he leaves, the amount would be retained by the company & in case he stays for the said period the amount would be credited back to his account.
It may be one month salary or a particular amount as T&D /hiring cost etc.
And sending the notice to the employees who break the bond & calling them for talk.May be you can negotiate the amount for settlement out of court/avoid further legal procedures.
Hope that adds up ..
Thx
Pratibha
From China
The other way of the bond would be : asking the employee to serve the company for one year ( may be after confirmation) and taking bond from him, where in HE AGREES TO PAY ONE MONTH SALARY AS A DEPOSIT with the company .in case he leaves, the amount would be retained by the company & in case he stays for the said period the amount would be credited back to his account.
It may be one month salary or a particular amount as T&D /hiring cost etc.
And sending the notice to the employees who break the bond & calling them for talk.May be you can negotiate the amount for settlement out of court/avoid further legal procedures.
Hope that adds up ..
Thx
Pratibha
From China
Dear All
Mr Nair has provided lot of inputs. BHEL the Company where the Bond Scheme is implemented is a Public Sector Company with a good legal team.
The invocation of the Bond is need based and linked to legal bent of mind of the Company and legal backing .
The Bond is actually to instill fear in the mind.
If the Bond is only signed by the Employee and not co-signed by a Guarantor then you have the possibility of being let off the hook,but not if it is guaranteed.
The simple defention of a Bond is a solemn promise to pay a pre-determined amount on leaving the services without the consent of the Employer. Will you not keep up a promise given to your friend, why so much of bedlam is created on this issue.Just consider it as a promise and keep it up.
You have the option not to sign it.Take Employment without signing a Bond.That is the solution and think not to break it.
With Regards
V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail :
Off : 044-42620864, 044-65874684,
Mobile : 98401 42164.
From India, Madras
Mr Nair has provided lot of inputs. BHEL the Company where the Bond Scheme is implemented is a Public Sector Company with a good legal team.
The invocation of the Bond is need based and linked to legal bent of mind of the Company and legal backing .
The Bond is actually to instill fear in the mind.
If the Bond is only signed by the Employee and not co-signed by a Guarantor then you have the possibility of being let off the hook,but not if it is guaranteed.
The simple defention of a Bond is a solemn promise to pay a pre-determined amount on leaving the services without the consent of the Employer. Will you not keep up a promise given to your friend, why so much of bedlam is created on this issue.Just consider it as a promise and keep it up.
You have the option not to sign it.Take Employment without signing a Bond.That is the solution and think not to break it.
With Regards
V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail :
Off : 044-42620864, 044-65874684,
Mobile : 98401 42164.
From India, Madras
[IMG]file:///C:/DOCUME%7E1/rdi4/LOCALS%7E1/Temp/moz-screenshot.jpg[/IMG][IMG]file:///C:/DOCUME%7E1/rdi4/LOCALS%7E1/Temp/moz-screenshot-1.jpg[/IMG]Please help me i m in big Trouble. I Working in manpower recruitment company from last 4 month and i am in probation period but the time of joining they sign a bond of 2 year . and if i leave with in period then i have to pay 3 month salary, for security they take my graduation degree and know i feel this organisation is like hell and its hard to stay always they push to stay till 9 am to 8 pm and do work . Kindly help if i leave the organisation without say anything what case he register against me .
From India, Lucknow
From India, Lucknow
Dear
Being on probation taking a Bond may not be legal except if the equal amount has been spent on training etc,take local specialist legal advice on showing your papers for making a smooth exit from your employer without issues.
With Regards
V.Sounder Rajan
E-mail :
, 
From India, Bangalore
Being on probation taking a Bond may not be legal except if the equal amount has been spent on training etc,take local specialist legal advice on showing your papers for making a smooth exit from your employer without issues.
With Regards
V.Sounder Rajan
E-mail :
From India, Bangalore
Dear
There has been the following comment on the Indian Legal System :
Well, as you are aware in India, Legal system is not so strong as compared to US, any action from court might take huge amount of time. Lot of companies do have Bond system especially when they send an employee for any company sponsored trainings or on H1B Visas, however, it is not so successful due to legal flaws. It is also not seen as a very positive policy to be reinforced on the employees. Bonds for making an employee stick to the organization is seen very negatively industry wide. Employees also hesitate to join these kind of organisations. You can put the penalty clause in the bond is the employee breaks the bond and the same amount can be adjusted along with the full & final. However, in case if its an ATL case (Asked-To Leave), the company can deduct the amount depending upon the reason for ATL. But companies can have a Bond system wherever extremely necessary and the Bond needs to be framed very smartly inconsultation with a professionally qualified & experienced lawyer. The same needs to be clearly communicated to the employee before he/she gets into the agreement.
The comment of Hena about the "Indian Legal System not being strong" has not been well understood and many times misquoted. Unlike India where our Constitution guarantees Freedom of taking Employment enshrined under Article 19 (1) g together with Sec 27 of the Indian Contract Act .The ideal situation is to have a level playing field without any "handcuff" or restraint on both Employer & Employee.The present Indian Judicial System guarantees this equal level playing field and is a feather in the cap for the system.It is always better to have our own values without copying some practice which may be best suited for that Country.Remember India is country of millions and Indian Courts guarantee the "abolition of Bonded Labour."It is a thing to be happy about and not regret.
With Regards
V.Sounder Rajan
E-mail :
From India, Bangalore
There has been the following comment on the Indian Legal System :
Well, as you are aware in India, Legal system is not so strong as compared to US, any action from court might take huge amount of time. Lot of companies do have Bond system especially when they send an employee for any company sponsored trainings or on H1B Visas, however, it is not so successful due to legal flaws. It is also not seen as a very positive policy to be reinforced on the employees. Bonds for making an employee stick to the organization is seen very negatively industry wide. Employees also hesitate to join these kind of organisations. You can put the penalty clause in the bond is the employee breaks the bond and the same amount can be adjusted along with the full & final. However, in case if its an ATL case (Asked-To Leave), the company can deduct the amount depending upon the reason for ATL. But companies can have a Bond system wherever extremely necessary and the Bond needs to be framed very smartly inconsultation with a professionally qualified & experienced lawyer. The same needs to be clearly communicated to the employee before he/she gets into the agreement.
The comment of Hena about the "Indian Legal System not being strong" has not been well understood and many times misquoted. Unlike India where our Constitution guarantees Freedom of taking Employment enshrined under Article 19 (1) g together with Sec 27 of the Indian Contract Act .The ideal situation is to have a level playing field without any "handcuff" or restraint on both Employer & Employee.The present Indian Judicial System guarantees this equal level playing field and is a feather in the cap for the system.It is always better to have our own values without copying some practice which may be best suited for that Country.Remember India is country of millions and Indian Courts guarantee the "abolition of Bonded Labour."It is a thing to be happy about and not regret.
With Regards
V.Sounder Rajan
E-mail :
From India, Bangalore
Dea All
You will see amongst the top ten posts of CITEHR , "Bonds" will be there.Its use is widespread in the Country and used as a tool for retention more than enrichment by Corporates.
With Regards
V.Sounder Rajan
E-mail :,
From India, Bangalore
You will see amongst the top ten posts of CITEHR , "Bonds" will be there.Its use is widespread in the Country and used as a tool for retention more than enrichment by Corporates.
With Regards
V.Sounder Rajan
E-mail :
From India, Bangalore
presently i am in a problem
Recently i have join a new Software compnay & i have sign a bond for 1 year, if i brake the bond i have to pay the 50% salary of my remeaning months.
i have got 2 month in my job, now i want to leave the job because of my personal problem.
so any one suggest me that on which reason i can leave the job so that i cant have to pay the remeaning 10 months salary to comany.
or what condition i should create that company should terminate me.
plz reply ASAP.
From India, Delhi
Recently i have join a new Software compnay & i have sign a bond for 1 year, if i brake the bond i have to pay the 50% salary of my remeaning months.
i have got 2 month in my job, now i want to leave the job because of my personal problem.
so any one suggest me that on which reason i can leave the job so that i cant have to pay the remeaning 10 months salary to comany.
or what condition i should create that company should terminate me.
plz reply ASAP.
From India, Delhi
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