Dear Mr. Malik,
Greetings!!!!
I agree with the point that keeping original document of any employee without his/her consent is a criminal offense.
However, i don't agree with the fact that bonds have no legal sanctity. Its true that sanctity is limited but it's there. If a company incurs expenditure by way of training on individuals, it has the right to exercise the clause. Having said that the monetary sum can be greater than the expenditure incurred. But if a company gets somebody to sign the bond and incurs no expenditure on training then the bond has no legal sanctity.
Regards
Team GroupHR
dear
everyone is writing to do this thing and that thing.please let me clear you that keeping of original documentas of
someone to work for you is a criminal offence under the law.it is also unethical practice and such type of bonds may be legal in other countries but they donot have ant legal sanctionity in india[/QUOTE]
From India, Delhi
107Greetings!!!!
I agree with the point that keeping original document of any employee without his/her consent is a criminal offense.
However, i don't agree with the fact that bonds have no legal sanctity. Its true that sanctity is limited but it's there. If a company incurs expenditure by way of training on individuals, it has the right to exercise the clause. Having said that the monetary sum can be greater than the expenditure incurred. But if a company gets somebody to sign the bond and incurs no expenditure on training then the bond has no legal sanctity.
Regards
Team GroupHR
dear
everyone is writing to do this thing and that thing.please let me clear you that keeping of original documentas of
someone to work for you is a criminal offence under the law.it is also unethical practice and such type of bonds may be legal in other countries but they donot have ant legal sanctionity in india[/QUOTE]
From India, Delhi
I wish to replace word revoke with the word invoke in my earlier post. Feel sorry for such a huge mistake. many thanks to Mr. Dayanand Guddin for pointing out the mistake. Thanks & regards
From India, Pune
From India, Pune
Hi,
Dear all,
I am also facing a same problem, I am working in a organisation for the last 3 yrs and i wont get sufficient increment. So I decided to leave the organisation n they signed a bond from me that I will not leave a org for a next 1 year. So plz help, its urgent.
From India, Delhi
Dear all,
I am also facing a same problem, I am working in a organisation for the last 3 yrs and i wont get sufficient increment. So I decided to leave the organisation n they signed a bond from me that I will not leave a org for a next 1 year. So plz help, its urgent.
From India, Delhi
Please check the reason for breaking the bond, Please make the environment as a place where people wanted to work, taking the legal action , compelling the employee etc are the options for taking the revenge, It wont be good for the organization, If someone is unhappy please allow them to leave , other way keeping them will cause a damage to the organization
From United Kingdom, Brentford
From United Kingdom, Brentford
I do not think you can enforce this clause. Employment bonds are against the fundamental rights and cannot be enforced in a court of law unless some specialised jobs like pilots etc. Here i am sure the Company would have obtained bond only to retain the employee. Even if the Company has spent money on the employ it has done only in the Companys Business and commercila interest. The Best to be done is not to give much importance to such trivial issues. Further withholding the original of another employee is against the law and the employee can sue the company if he so wishes.
V A HARI
CHENNAI (TN)
From Spain
V A HARI
CHENNAI (TN)
From Spain
Dear Rituvipin,
From India, Pune
- You mean, you were forced to sign a bond??
- Please note that, you can refuse to sign a bond, if case any of the clauses in bond is not acceptable to you. You can also suggest suitable changes in the clauses and then only may sign bond only if it is acceptable to you.
- In case any of the clauses in bond are discriminatory or one-sided, then they will not stand the scrutiny of law if challenged in court. But you need to have time and patience to prove your employer wrong in a court. As you know it is tedious process.
From India, Pune
Dear Mallik
Try the informal networks to find the whereabouts of the employee, as the original testimonials are with U , the chances r rare that he would have joined some other company .
He must be in a critical situation (like some mishap)due to which he has lost the contact with the company. If it is so , taking legal action would be inhuman.
From India, Bangalore
Try the informal networks to find the whereabouts of the employee, as the original testimonials are with U , the chances r rare that he would have joined some other company .
He must be in a critical situation (like some mishap)due to which he has lost the contact with the company. If it is so , taking legal action would be inhuman.
From India, Bangalore
Initially thanks for your detailed reply...
we gave 6 month training..we have proof vouchers
We are having his 2 year agreement and his original certificates..
his resignation letter send by courier says personal problem he want to quit.
In telephone he ask double the payment..
Threatening staffs from his political support gundas...
We are having huge headache here..
we want to punish him...
please reply......
From India, Mumbai
we gave 6 month training..we have proof vouchers
We are having his 2 year agreement and his original certificates..
his resignation letter send by courier says personal problem he want to quit.
In telephone he ask double the payment..
Threatening staffs from his political support gundas...
We are having huge headache here..
we want to punish him...
please reply......
From India, Mumbai
- It seems trainee has left you for greener pastures.
- It also appears to me that whatever agreement / bond is executed between you is not properly conceived and when you want to take help out of it, it is proving useless.
- First of all please understand that, if a employee wants to leave you, you can not stop him and hold him in your organization. Only thing you can ask for is a sort of compensation from him for amount and time spent by you on his training. Moreover this compensation can be asked for only if employee leaves say within 2 years or 3 years. Moreover there has to be a specific clause to this effect in your agreement / bond.
- You also need to back the clauses in agreement / bond by executing supporting documents such as 'Promissory Note', 'Post Dated Cheque', 'Counter Guarantee from Friend /Relative' etc.
- You are not allowed to keep his original documents with you during his employment as well as after he leaves your services. Legally you can not hold his documents with you as confirmed by Mr. Malik.
- Only way to punish him is by asking him to pay compensation by invoking relevant clause in agreement / bond, provided such clause exists in the agreement.
- If he is threatening you your staff, please file a proper FIR against him in a nearest police station.
From India, Pune
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