I was working in one of the IT companies Newway IT company as a software developer. They forced me to sign a service bond for 2 years. After 3-4 months bcoz of unhealthy working condition's.. Also they have not given me copy of bond. In appointment letter also it was written in am in probation period of 6 months. Now they are sending legal Notice and harassing me since i have broken bond i have to pay them Rs 2,00,000. They have not given me any training since I was experienced. Also I have given my resignation and done the handover also. After leaving that company I have not joined any other company. I am still unemployed.
Do they really can go to court as there was no overseas training nothing only induction was there for few hours that too not related to my work profile I have also sent resignation mail and done the handover ?
please help
From India, Mumbai
Do they really can go to court as there was no overseas training nothing only induction was there for few hours that too not related to my work profile I have also sent resignation mail and done the handover ?
please help
From India, Mumbai
please help I have signed a bond of one year and I am in probation period for 6 months . so please tell whether this bond is legal or not.
From India, Ahmadabad
From India, Ahmadabad
Hi All,
I am tense b`coz one of my very close friend was working some where and she singed a bond with that company for a period of one year. But after 5 months she left that company. Now after 4 month of leaving the job, she got a notice from that organization. So please help me out what can be done in this sitution. The organization is not a listed company, it's only a sole Proprietorship firm.
Regards
Roslin
From India, Pune
I am tense b`coz one of my very close friend was working some where and she singed a bond with that company for a period of one year. But after 5 months she left that company. Now after 4 month of leaving the job, she got a notice from that organization. So please help me out what can be done in this sitution. The organization is not a listed company, it's only a sole Proprietorship firm.
Regards
Roslin
From India, Pune
Dear All
We find lot of posts on Bond Breaking.Bonds are legal and enforceable .
It is not as easy as one thinks of breaking bond .There are serious consequences which will happen without the Employees knowledge.
Having done certain research on the case law of Bond Breaking we find that it is favoring the Employer .This is because of the legal route adopted by the Employers for enforcement of the Bond ,Employers go through the process of Arbitration and get an award very many times exparte i.e in the employees absence .The advantage for Employers is because the Employees are reluctant to part with their address and the Employer goes for service of notice on the old address and gets the verdict from the Arbitrator in their favor.The scope of the appellate process against such awards is very limited and the award by the Arbitrator is confirmed.The instances of Employees resisting such claims is minimal.Once the Employer gets the verdict the time for enforcement is 12 years.
Therefore it is better to plead to your employer to relieve you from the obligations of the Bond by sending an “escalation letter “to the Higher up than your HR Head say if it is an MNC to the HQ.It may sometimes work.In case this also does not work out you can send a “frustration Letter” for the record.In case there is legal case this letter may help.For getting the letters you need to take legal help on your specific facts.
The other option exposed by case law on enforcement on negative covenants is where the Employer is forced to terminate the Employee instead of the employee resigning . This option needs to be exercised and dealt with great care as you might have other issues cropping up. .If there is termination then the Bond cannot be enforced.
Also creating an Employees Forum in CITE HR with an All India Network to provide Legal Assistance at nominal cost to defend Bond cases on the Employees side can be a solution.This can match the legal strength of the Employers.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
From India, Bangalore
50We find lot of posts on Bond Breaking.Bonds are legal and enforceable .
It is not as easy as one thinks of breaking bond .There are serious consequences which will happen without the Employees knowledge.
Having done certain research on the case law of Bond Breaking we find that it is favoring the Employer .This is because of the legal route adopted by the Employers for enforcement of the Bond ,Employers go through the process of Arbitration and get an award very many times exparte i.e in the employees absence .The advantage for Employers is because the Employees are reluctant to part with their address and the Employer goes for service of notice on the old address and gets the verdict from the Arbitrator in their favor.The scope of the appellate process against such awards is very limited and the award by the Arbitrator is confirmed.The instances of Employees resisting such claims is minimal.Once the Employer gets the verdict the time for enforcement is 12 years.
Therefore it is better to plead to your employer to relieve you from the obligations of the Bond by sending an “escalation letter “to the Higher up than your HR Head say if it is an MNC to the HQ.It may sometimes work.In case this also does not work out you can send a “frustration Letter” for the record.In case there is legal case this letter may help.For getting the letters you need to take legal help on your specific facts.
The other option exposed by case law on enforcement on negative covenants is where the Employer is forced to terminate the Employee instead of the employee resigning . This option needs to be exercised and dealt with great care as you might have other issues cropping up. .If there is termination then the Bond cannot be enforced.
Also creating an Employees Forum in CITE HR with an All India Network to provide Legal Assistance at nominal cost to defend Bond cases on the Employees side can be a solution.This can match the legal strength of the Employers.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
From India, Bangalore
Dear Members
Fresher or even employees with experience have to sign Bond. They are forced to sign it and have no other go.We find lot of posts on implications of Bond. It is better to take preventive steps and not repent and be in a fix later .
Before signing a Bond the following precaution needs to be taken:-
In case the Bond is to cover Training Expenses i.e. Training Bond.
i) Check on the amount of the Bond;
ii) Check up the cost of Training and whether the Employee will actually spend the amount.;
iii) See whether the liability to pay arises after the Company incurs the cost of training which shall be notified by the Employer separately;
iv) Request for proportionate reduction of the Bond amount dependent on the period of service.
In case the Bond is to cover service with the Employer for a particular period i.e. Service Bond.
i) Check the amount of the Bond. It must be reasonable and not an unreasonable amount and also the period has to be checked. This is also to be reasonable.
ii) It should also mention that it is for voluntary resignation and not for termination or forced termination by the Employer.
iii) Request for proportionate reduction of the Bond amount dependant upon the period of service.
With Regards
E-mail :
-9025792684-9025792634
From India, Bangalore
Fresher or even employees with experience have to sign Bond. They are forced to sign it and have no other go.We find lot of posts on implications of Bond. It is better to take preventive steps and not repent and be in a fix later .
Before signing a Bond the following precaution needs to be taken:-
In case the Bond is to cover Training Expenses i.e. Training Bond.
i) Check on the amount of the Bond;
ii) Check up the cost of Training and whether the Employee will actually spend the amount.;
iii) See whether the liability to pay arises after the Company incurs the cost of training which shall be notified by the Employer separately;
iv) Request for proportionate reduction of the Bond amount dependent on the period of service.
In case the Bond is to cover service with the Employer for a particular period i.e. Service Bond.
i) Check the amount of the Bond. It must be reasonable and not an unreasonable amount and also the period has to be checked. This is also to be reasonable.
ii) It should also mention that it is for voluntary resignation and not for termination or forced termination by the Employer.
iii) Request for proportionate reduction of the Bond amount dependant upon the period of service.
With Regards
E-mail :
-9025792684-9025792634
From India, Bangalore
Hi
The Employemnet Bonds or Agreement for a acertain duration are only valid if it can be proved by the company that special training has been imparted to the employee at a cost ,otherwise the agreement shall be deemed to be null and void ,but ofcourse the judiciary will take it own time to give its verdict which can be painful process for the employee.
In the recent past,only positive thing that has been happening is courts are not allowing injections ie.hold on taking new assigments during dispute.
Nitin Deshpande
From India, Jalgaon
The Employemnet Bonds or Agreement for a acertain duration are only valid if it can be proved by the company that special training has been imparted to the employee at a cost ,otherwise the agreement shall be deemed to be null and void ,but ofcourse the judiciary will take it own time to give its verdict which can be painful process for the employee.
In the recent past,only positive thing that has been happening is courts are not allowing injections ie.hold on taking new assigments during dispute.
Nitin Deshpande
From India, Jalgaon
hi,
i have completed my M.TECH & have signed a bond for 5yrs with compensation amount of 3lakhs.i have also provided my certificate with this bond. Iam frustated with the culture of this company. They are treating me as a slave with incridible & unhearable words. Also they r making me to work atleast 13 to 14 hours. They doesnt give my casual leave even if am ill. I have also asked them to terminate me which doesnt work out. I realy want to quit the job. How can i do this.? Is there any way without paying the compensation to get out of this. Plz help me.
From India, Madras
i have completed my M.TECH & have signed a bond for 5yrs with compensation amount of 3lakhs.i have also provided my certificate with this bond. Iam frustated with the culture of this company. They are treating me as a slave with incridible & unhearable words. Also they r making me to work atleast 13 to 14 hours. They doesnt give my casual leave even if am ill. I have also asked them to terminate me which doesnt work out. I realy want to quit the job. How can i do this.? Is there any way without paying the compensation to get out of this. Plz help me.
From India, Madras
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