Dear Arun,
Please talk with friend about the bond he has signed with his current employer, if it so that as a trainee the he has sigend a bond of 2lacs, he is abounding to do so.
But if the future employer is willing to accept without the relieving letter than it is ok, to move with the new employer.
Regards
Om Prakash
From India, Vadodara
Please talk with friend about the bond he has signed with his current employer, if it so that as a trainee the he has sigend a bond of 2lacs, he is abounding to do so.
But if the future employer is willing to accept without the relieving letter than it is ok, to move with the new employer.
Regards
Om Prakash
From India, Vadodara
A legally executed bond has a legal force. If the employee ignores the bond, the employer can legally proceed against him by filing a case against him for damages and recovery of the bond money. This is because the employer also spends money on the employee and his training. The employer cannot be suddenly left in a lurch by the employee. he cannot use the organization as a spring board.
No doubt, the employee can contest the case by saying that it was not a valid cotract, in as much as, the bond did not contain a provision that if the employer terminates the employee during the bond period for reasons other than misconduct, he will be required to pay the employee the equal amount as a compensation. However, all such pleas and objections can be taken in a court of law which is a time consuming business.
The best course of action would be to inform the prospective employer that your friend is not able to submit the certificate due to reasons mentioned above. He should try and request the present employer to be considerate in the matter. If the employer is not willing, but the prospective employer is willing to accept him, he should kick the job and go.
cyril
From India, Nagpur
25No doubt, the employee can contest the case by saying that it was not a valid cotract, in as much as, the bond did not contain a provision that if the employer terminates the employee during the bond period for reasons other than misconduct, he will be required to pay the employee the equal amount as a compensation. However, all such pleas and objections can be taken in a court of law which is a time consuming business.
The best course of action would be to inform the prospective employer that your friend is not able to submit the certificate due to reasons mentioned above. He should try and request the present employer to be considerate in the matter. If the employer is not willing, but the prospective employer is willing to accept him, he should kick the job and go.
cyril
From India, Nagpur
Cyril I totally disagree with you. You cannot give such advise. Being a responsible HR yourself you should not allow such cases to arise. Regards Praveen
From India
From India
Dear Arun,
I am rajat, my condition is quite similar like your friend. I have joined at my current organization at 15 th sep, 2003 as trainee engineer with 24 month's training period though I have 1.5 yrs of experience. After one yr I have faced an interview and then I have appeared in 2nd interview on 13th of september 2005. After this interview they send me to Germany on 19th (I was informed that they are preparing to send me) without giving me any information about my interview. And then I have to sign a bond of 5yrs / 20 lakhs of rupees (unhumanetick !!).
and after returning from there on 13th december , they have send me an email that my training period is extended for 6 months. and after 7 month I have got my confirmation letter.
Now I have got a job , I want to break the bond, is it possible ??
Rajat
I am rajat, my condition is quite similar like your friend. I have joined at my current organization at 15 th sep, 2003 as trainee engineer with 24 month's training period though I have 1.5 yrs of experience. After one yr I have faced an interview and then I have appeared in 2nd interview on 13th of september 2005. After this interview they send me to Germany on 19th (I was informed that they are preparing to send me) without giving me any information about my interview. And then I have to sign a bond of 5yrs / 20 lakhs of rupees (unhumanetick !!).
and after returning from there on 13th december , they have send me an email that my training period is extended for 6 months. and after 7 month I have got my confirmation letter.
Now I have got a job , I want to break the bond, is it possible ??
Rajat
Dear Mr Jaikumar Ranganathan,
I completely agree with u. Request u to have a look at this scenario also.
Below is the agreement in detail i have signed with my company. Now i wanna leave this company because of poor work environment, very low appraisals, and no direction in career for which i have made to signed this bond. I am not being utilized so far (20 months) after the training & company is not interested to take any step where skill can be used. I have no future here. What do i do in this case? I have no option except LEAVING the company.
-what if i leave, without resignation?
- or take a break for unlimited period.
What are the legal implications.
Please suggest sir?
Thanks & regards
TRAINING BOND
THIS AGREEMENT is entered into between Xyz Xyz Limited (the "Company") and the undersigned Employee Mr. Abc Abc, S/o Whereby employee agrees to undergo technical training for application of proprietary software with Abc, us training which will enhance the employee’s knowledge and skills for the assignment
The Terms and conditions of the agreement is as follows
q Employer will bear the cost of training including registration fee, travel, lodging and any other incidental cost.
q The employee agrees to continue employment for a minimum of 3 years following completion of the training. If employee decides to leave before 3 years, the employee agrees to repay the cost of travel including registration fees, travel, lodging and any other incidental expense and a nominal amount of Rs. 75,000/- (seventy five thousand only) as an opportunity cost.
q Employee will signs the attached Non-Disclosure And Non-Competition Agreement confidentiality agreement.
If the employee leaves employment due to circumstances beyond the employees control it will be evaluated on a case-by-case basis to determine if the repayment agreement should be enforced. Examples such as a permanent disability, job elimination, or other serious displacement.
Accepted
Non-Disclosure And Non-Competition Agreement
THIS AGREEMENT is entered into between Xyz Xyz Limited (the "Company") and the undersigned Employee. In consideration of Employee's employment with the Company and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Employee covenants and agrees as follows:
I. Non-Disclosure - Employee covenants and agrees so long as this Agreement is in effect, and after the termination of this Agreement, that:
A. Without the prior written consent of Company, Employee shall not at any time, directly or indirectly, use for Employee's own benefit or purposes or for the benefit or purposes of any other person, firm, partnership, association, corporation or business organization, or disclose to any person, firm, partnership, association, corporation or business organization, any trade secrets, information, data, know-how or knowledge (including, but not limited to, trade secrets, information, data, know-how or knowledge relating to customers, clients, products, technical services, business methods and techniques, print outs, reports, market development programs, revenues, costs, pricing structures, management practices, manuals, contracts, documents, designs, computer programs, computer operating systems, computer applications, software designs, inventions, processes, plans or employees) belonging to, or relating to the affairs of the Company except where required in good faith to transact the business of the Company.
B. Employee shall return to the Company, at its request, and in any event within three (3) days after termination of Employee's services, in good condition, reasonable wear and tear excepted, all documentation and records which are the property of Company and any and all copies thereof, including, but not limited to, all manuals, promotional and instructional materials, and similar aids and equipment, all correspondence, customer lists, files, plans, contracts, cost and pricing structures, accounting records, memoranda and reports as well as all of Company's equipment and other property in Employee's hands or under Employee's control at the time of the termination of Employee's employment.
C. Employee shall keep in strict confidence all trade information, product data, technical services, management practices, business and pricing methods and techniques, customer and prospect lists, trade secrets and other confidential information concerning Company's business and its methods of doing business.
II.Non-Competition
Employee acknowledges that Employee will be dealing with confidential information, trade secrets and business methods, which are the Company's property. Employee further acknowledges that the training, materials, customer lists and other confidential information and trade secrets, all provided to Employee by Company, are of value to the Company and that it is reasonable and necessary for the protection of Company that the Employee not compete with Company within the area and for the duration hereinafter set forth.
CONFIDENTIALITYAGREEMENT
In consideration of the mutual promises and covenants contained in this Agreement and for other good and valuable consideration, including, but not limited to, the employment of Employee by employer on an at-will basis, the Parties agree as follows:
Acknowledgments. Employer is engaged in the business of Public Xyz Consultancy that:
(1) Employer has a proprietary interest in the identity of its customers and customer lists; (2)Employee's contacts with employer's customers constitute a major portion of the Employer's goodwill and customer xyzhips; and (3)documents and information regarding Employer's methods of training, sales, pricing, and costs are highly confidential and constitute trade
secrets. Employee further acknowledges that these trade secrets and confidential information have been developed by the Employer through substantial expenditures of time, effort, and money, and constitute valuable and unique property of the Employer. Employee also acknowledges that the foregoing makes it reasonably necessary for the protection of Employer and Employer's business interest that Employee not compete with Employer during the period of his association with Employer and for a period of time thereafter as set forth herein.
2. Employment. The Employer employs Employee in a position of trust on an at-will basis. Employee shall devote substantially all of his business time and effort to performing services for Employer's benefit.
3. Trade Secrets and Confidential Information. While employed by Employer, Employee has received training and has access to and become familiar with various trade secrets and confidential information of Employer, including, but not limited to, the Employer's products and production methods, financial
information, personnel records and handbooks, promotional and instructional materials, customer lists, and information regarding Employer's sales, pricing, and costs. Employee acknowledges that such confidential information and trade secrets are owned and shall continue to be owned solely by Employer. During the term of his employment, and at all times thereafter, Employee shall keep and
hold in strictest confidence all such information, and will not disclose, reveal, furnish, make available, or use such confidential information and trade secrets, other than for the benefit of employer as necessary to carry out his job duties with Employer.
Executed & Accepted on this day of -------------------of -------------2005.
From India, Delhi
I completely agree with u. Request u to have a look at this scenario also.
Below is the agreement in detail i have signed with my company. Now i wanna leave this company because of poor work environment, very low appraisals, and no direction in career for which i have made to signed this bond. I am not being utilized so far (20 months) after the training & company is not interested to take any step where skill can be used. I have no future here. What do i do in this case? I have no option except LEAVING the company.
-what if i leave, without resignation?
- or take a break for unlimited period.
What are the legal implications.
Please suggest sir?
Thanks & regards
TRAINING BOND
THIS AGREEMENT is entered into between Xyz Xyz Limited (the "Company") and the undersigned Employee Mr. Abc Abc, S/o Whereby employee agrees to undergo technical training for application of proprietary software with Abc, us training which will enhance the employee’s knowledge and skills for the assignment
The Terms and conditions of the agreement is as follows
q Employer will bear the cost of training including registration fee, travel, lodging and any other incidental cost.
q The employee agrees to continue employment for a minimum of 3 years following completion of the training. If employee decides to leave before 3 years, the employee agrees to repay the cost of travel including registration fees, travel, lodging and any other incidental expense and a nominal amount of Rs. 75,000/- (seventy five thousand only) as an opportunity cost.
q Employee will signs the attached Non-Disclosure And Non-Competition Agreement confidentiality agreement.
If the employee leaves employment due to circumstances beyond the employees control it will be evaluated on a case-by-case basis to determine if the repayment agreement should be enforced. Examples such as a permanent disability, job elimination, or other serious displacement.
Accepted
Non-Disclosure And Non-Competition Agreement
THIS AGREEMENT is entered into between Xyz Xyz Limited (the "Company") and the undersigned Employee. In consideration of Employee's employment with the Company and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Employee covenants and agrees as follows:
I. Non-Disclosure - Employee covenants and agrees so long as this Agreement is in effect, and after the termination of this Agreement, that:
A. Without the prior written consent of Company, Employee shall not at any time, directly or indirectly, use for Employee's own benefit or purposes or for the benefit or purposes of any other person, firm, partnership, association, corporation or business organization, or disclose to any person, firm, partnership, association, corporation or business organization, any trade secrets, information, data, know-how or knowledge (including, but not limited to, trade secrets, information, data, know-how or knowledge relating to customers, clients, products, technical services, business methods and techniques, print outs, reports, market development programs, revenues, costs, pricing structures, management practices, manuals, contracts, documents, designs, computer programs, computer operating systems, computer applications, software designs, inventions, processes, plans or employees) belonging to, or relating to the affairs of the Company except where required in good faith to transact the business of the Company.
B. Employee shall return to the Company, at its request, and in any event within three (3) days after termination of Employee's services, in good condition, reasonable wear and tear excepted, all documentation and records which are the property of Company and any and all copies thereof, including, but not limited to, all manuals, promotional and instructional materials, and similar aids and equipment, all correspondence, customer lists, files, plans, contracts, cost and pricing structures, accounting records, memoranda and reports as well as all of Company's equipment and other property in Employee's hands or under Employee's control at the time of the termination of Employee's employment.
C. Employee shall keep in strict confidence all trade information, product data, technical services, management practices, business and pricing methods and techniques, customer and prospect lists, trade secrets and other confidential information concerning Company's business and its methods of doing business.
II.Non-Competition
Employee acknowledges that Employee will be dealing with confidential information, trade secrets and business methods, which are the Company's property. Employee further acknowledges that the training, materials, customer lists and other confidential information and trade secrets, all provided to Employee by Company, are of value to the Company and that it is reasonable and necessary for the protection of Company that the Employee not compete with Company within the area and for the duration hereinafter set forth.
CONFIDENTIALITYAGREEMENT
In consideration of the mutual promises and covenants contained in this Agreement and for other good and valuable consideration, including, but not limited to, the employment of Employee by employer on an at-will basis, the Parties agree as follows:
Acknowledgments. Employer is engaged in the business of Public Xyz Consultancy that:
(1) Employer has a proprietary interest in the identity of its customers and customer lists; (2)Employee's contacts with employer's customers constitute a major portion of the Employer's goodwill and customer xyzhips; and (3)documents and information regarding Employer's methods of training, sales, pricing, and costs are highly confidential and constitute trade
secrets. Employee further acknowledges that these trade secrets and confidential information have been developed by the Employer through substantial expenditures of time, effort, and money, and constitute valuable and unique property of the Employer. Employee also acknowledges that the foregoing makes it reasonably necessary for the protection of Employer and Employer's business interest that Employee not compete with Employer during the period of his association with Employer and for a period of time thereafter as set forth herein.
2. Employment. The Employer employs Employee in a position of trust on an at-will basis. Employee shall devote substantially all of his business time and effort to performing services for Employer's benefit.
3. Trade Secrets and Confidential Information. While employed by Employer, Employee has received training and has access to and become familiar with various trade secrets and confidential information of Employer, including, but not limited to, the Employer's products and production methods, financial
information, personnel records and handbooks, promotional and instructional materials, customer lists, and information regarding Employer's sales, pricing, and costs. Employee acknowledges that such confidential information and trade secrets are owned and shall continue to be owned solely by Employer. During the term of his employment, and at all times thereafter, Employee shall keep and
hold in strictest confidence all such information, and will not disclose, reveal, furnish, make available, or use such confidential information and trade secrets, other than for the benefit of employer as necessary to carry out his job duties with Employer.
Executed & Accepted on this day of -------------------of -------------2005.
From India, Delhi
Hi Arun
Contrary to what others says, i think your friend was a fool like me to sign bonds. Anyways i suggest that he completes his tenure. Its just 9 months more. If he had got an opportunity overseas he will surely get in future too.
As for me, i was foolish enough to sign bond even when i had an experience of 1+ year in relevant field. And guess what, all the employees gets salary revision after every six months except I who gets it annualy.
Anyway, i will complete 2 years and no more bonds for me. Its bonded labor.
Contrary to what others says, i think your friend was a fool like me to sign bonds. Anyways i suggest that he completes his tenure. Its just 9 months more. If he had got an opportunity overseas he will surely get in future too.
As for me, i was foolish enough to sign bond even when i had an experience of 1+ year in relevant field. And guess what, all the employees gets salary revision after every six months except I who gets it annualy.
Anyway, i will complete 2 years and no more bonds for me. Its bonded labor.
I have seen the new case just now, my brother get opportunity that he should sign 4years bond if he leaves before 4 years, he should give 2.5L. But there is no clause for employer to give 2.5L paid to employee when employer forced to resign him. There is no clause for payment structure for 4years. Then Can we take the action against employer before joining??
From India, Pune
From India, Pune
dear all ,
i was working in an NGO . I signed a bond there saying 4 years of obligatory period or else giving them 2 lac . recently I quit the job after completing 2 years of job period. But during the time they did not provide me any training except the on job training. my present employer didn't ask me for release letter. Now my previous employer send me a letter asking for 1 lac 33 thousand taka. Is there any soluation ?? by the way i am from Bangladesh.
From Bangladesh, Dhaka
i was working in an NGO . I signed a bond there saying 4 years of obligatory period or else giving them 2 lac . recently I quit the job after completing 2 years of job period. But during the time they did not provide me any training except the on job training. my present employer didn't ask me for release letter. Now my previous employer send me a letter asking for 1 lac 33 thousand taka. Is there any soluation ?? by the way i am from Bangladesh.
From Bangladesh, Dhaka
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BOND BY AN EMPLOYEE FOR NOT ENGAGING HIMSELF.doc
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