Hi all, i would like to get a format of Bond which can be signed by the candidate before taking up the employment, I would also like to know if this is legally enforciable warm regards, AB
From India, Delhi

Dear AB, Find enclosed one of the sample Bond letter.. hope it will help you to draft the same.. Regards, Amit Seth.
From India, Ahmadabad
Attached Files (Download Requires Membership)
File Type: doc agreement_191.doc (36.5 KB, 4418 views)


Hi..
Obviously if you get it done stamp paper, then definitely it will have value..
Because, if the pro and cons is clearly written in the document and one has given his approval then he must be abide with those rules..
Regards,
Amit Seth.

From India, Ahmadabad

Dear Amit,
Thanks for your information. But in this site only i have seen so many seniors have posted, where in they are of the opnion that bonded labour of any sort is not legally valid. If the employee has undergone any training incurring huge expenses from the employer during the course of employement then the employee who has signed the bond, should compensate the employer suitably and then he is free to move out.(of course he should serve the notice period) Otherwise also, if the employer has incurred very nominal expenses for training, only for personal grooming then also the employe can simply walk away giving after serving the employer the notice period which is mentioned in the offer letter or in bond agrrement.
Seniors kindly correct me please if i am wrong. Because i have only seen in this cite many of the members giving their opinion similar to the above.
Thanks and regards
Gururaj

From India, Bangalore

Thanks Mr.Guru 1967 for correct answer and enlightening our fraternity.
Because I have seen many misleading opinions being aired repeatedly and this is misunderstood concept. Iknwo during 60's and 70's such practises were in existance but never prevail in any courts. No incident we can quote that supreme court has upheld such agreements, never at least in 20 years.
I vouch that you are absolutely right in stating until and unless anything which cause irrecoverable damage to the employer's business employees are free to throw such bonds into garbage any time.
You are legally correct. No such agreement stand in the court of law because if employee is offered better service conditions he has fundamental right to leave the services for better option without causing injury to previous employer. Employment is subject which can always be dispensable.
Regards
Sawant

From Saudi Arabia

pca
1446

Dear friends,
Pl go through article attached to the following post for legality of the bonds:
https://www.citehr.com/30808-bond-legal-india.html
Regards,

From India, Malappuram

Hi Guys,

My company would like to sponsor one candidate for a Lecturer position to continue her Master's degree. Should I include her sponsorship in her employment letter or should I create a separate letter for this purpose? I would appreciate it if anyone could provide me with the format of this letter or point out what I should include for her (e.g., duration of employment or full payment of the total cost of sponsorship if the employment is terminated prematurely).

Thank you. Rashdan

From Malaysia, Kuala Lumpur

Hi Amit, can you please send me the formate as we have urgent requirement for that. We send some candidate abroad for 6 month, they are not our employee. We hire them for only 6 month. Niruti
From India, Delhi

Hi all,

This is Nikki. Two weeks back, I joined a job in a software company by signing a 3-year bond. In that, it specified that I should work for 3 years there. If I breach the bond, I should pay a 1.5 lakh amount, else they would file a case against me in court. Now, I got a good job in an MNC, and I want to join there. If I quit this job, will they file a case against me in court? I am just fearing about that. Can anyone tell me the solution? Whether employment bond is legal? Will it work in court? Please, guys, do help me. I signed a twenty rupee bond paper.

Thanks,
Nikki Sam

From India, Madras

To put it in simple words:

What is restricted by the Constitution cannot be allowed by law. Any contract that encroaches on constitutional rights is void or voidable. Bondage is an encroachment on the constitutional right of employment.

Bonds do not hold any weight, unless it can be understood that the employer is justified in making a contract due to having spent a large sum of money on providing specialized training or sending the employee abroad for specialized training/know-how.

Bonds are not enforceable in India.

From India, Mumbai

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