It is true that only one party cannot take advantage of the other party under the shelter of precedents because issues differ, and the rules in any such case apply only to such specific issues.
Actual damage to the employment of individuals and hindrance to opportunities occur when an employee is no longer connected with the company and has fulfilled their liabilities towards the other party as agreed under the contract and in accordance with the law. However, when the employee is still connected with the company and has liabilities towards the company as per the law, they are bound by the agreement.
For example, a student, Mr. Apple, who is about to complete his graduation next year, joins a company, Mrs. Orange, which offers an opportunity to work with the condition that he must not leave Mrs. Orange for 3 years. Is this invalid or against the law?
1) Similarly, Mr. Apple receives an apprenticeship for a year and a job assurance with the condition that he will not leave Mrs. Orange for 3 years. Is this illegal?
2) Mr. Mango, who is not a student, secures an employment opportunity with Mrs. Pumpkin with the condition that he will not leave Mrs. Pumpkin for 5 years, including a training period of one year and a probation period of 6 months before permanent employment.
3) Mr. Mango then receives another job offer from Mrs. Carrot with the condition that he will not leave the company for 10 years.
4) Mr. Chimp receives an employment offer with a condition that he will not leave the company for 15 years, including a 3-year training period and a 1-year probation period.
5) Mr. Chimp also receives another offer with the condition that after working for 5 years as per the agreement with Mrs. Monkey, he will not join another company in the same sector for 2 years.
6) Lastly, Mr. Chimp receives another offer with the condition that after leaving the company, he will not join any other company for 1 year.
If you can identify which of the above scenarios are legal and understand the difference between reasonable and unreasonable clauses, you can find a solution to the issue in question.
From India, Bangalore
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12Actual damage to the employment of individuals and hindrance to opportunities occur when an employee is no longer connected with the company and has fulfilled their liabilities towards the other party as agreed under the contract and in accordance with the law. However, when the employee is still connected with the company and has liabilities towards the company as per the law, they are bound by the agreement.
For example, a student, Mr. Apple, who is about to complete his graduation next year, joins a company, Mrs. Orange, which offers an opportunity to work with the condition that he must not leave Mrs. Orange for 3 years. Is this invalid or against the law?
1) Similarly, Mr. Apple receives an apprenticeship for a year and a job assurance with the condition that he will not leave Mrs. Orange for 3 years. Is this illegal?
2) Mr. Mango, who is not a student, secures an employment opportunity with Mrs. Pumpkin with the condition that he will not leave Mrs. Pumpkin for 5 years, including a training period of one year and a probation period of 6 months before permanent employment.
3) Mr. Mango then receives another job offer from Mrs. Carrot with the condition that he will not leave the company for 10 years.
4) Mr. Chimp receives an employment offer with a condition that he will not leave the company for 15 years, including a 3-year training period and a 1-year probation period.
5) Mr. Chimp also receives another offer with the condition that after working for 5 years as per the agreement with Mrs. Monkey, he will not join another company in the same sector for 2 years.
6) Lastly, Mr. Chimp receives another offer with the condition that after leaving the company, he will not join any other company for 1 year.
If you can identify which of the above scenarios are legal and understand the difference between reasonable and unreasonable clauses, you can find a solution to the issue in question.
From India, Bangalore
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Please, its a request not to mislead anyone, conditional employment agreement are absolutely legal in India, and what ever the cases you have quoted has no relevancy in this case............I am clear on this aspect as myself being an Advocate....
Go through the Section 27 and Art. 19 thoroughly, in those provisions it self you will get the explanation and its applicability......
From India, Bangalore
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Go through the Section 27 and Art. 19 thoroughly, in those provisions it self you will get the explanation and its applicability......
From India, Bangalore
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Dear all,
All my friends in this discussion should understand that I am not here to disprove someone or prove myself. I am posting my view, and others can post their views. All the judgments quoted above relate to the service bond only and support my view. Those who are opposing my view may please provide some proof or any judgment of the Supreme Court so that we all can learn about it. Who is misleading and who is not, let the members of Cite HR decide by reading all the posts.
From India, Kochi
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All my friends in this discussion should understand that I am not here to disprove someone or prove myself. I am posting my view, and others can post their views. All the judgments quoted above relate to the service bond only and support my view. Those who are opposing my view may please provide some proof or any judgment of the Supreme Court so that we all can learn about it. Who is misleading and who is not, let the members of Cite HR decide by reading all the posts.
From India, Kochi
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One fact that should also be considered is that Mr. Babu is not yet an employee of the company. Therefore, it is necessary to review the agreement or bond so that we can provide legal support if needed.
From India, Bangalore
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From India, Bangalore
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Dear Mehrunisa,
Being an advocate, I can tell you that reading only the cover note of the judgment can be misleading. One should always read the whole text. There may be some factual or legal differences in the judgments and the real situation at hand. We deal with such situations day in and day out, where some judgment seems to be good enough but later proves to be worthless in those given circumstances.
From India, New Delhi
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Being an advocate, I can tell you that reading only the cover note of the judgment can be misleading. One should always read the whole text. There may be some factual or legal differences in the judgments and the real situation at hand. We deal with such situations day in and day out, where some judgment seems to be good enough but later proves to be worthless in those given circumstances.
From India, New Delhi
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Dear All, I completly Agreed with Basima.If the bond is in Two Way then only It will be Valid Otherwise It will be Not valid.
From India, Narsapur
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From India, Narsapur
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I think a bond with an employer to serve him for a particular period after getting training at the expense of the employer is legally valid. However, an agreement forbidding the employee from joining any particular class of companies (such as competitors) is not legally valid as it is against Article 19 of the constitution.
Varghese Mathew
From India, Thiruvananthapuram
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Varghese Mathew
From India, Thiruvananthapuram
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Today, regarding a case between the Nurses Association and hospital management in the Supreme Court (case relating to nurses' strike in Kerala), the Indian Government has filed an affidavit stating that the direction has been issued to all state governments that the bond system should not be enforced in hospitals. If the bond system cannot be implemented in hospitals, why not in other establishments? I will provide an update as soon as I receive further information.
From India, Kochi
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From India, Kochi
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Thanks to all seniors who are actively involved in this discussion. Sorry for not responding to your queries. I promise to be available for all clarifications from here onward. I have attached the Bond agreement papers for your reference.
Thanks & Regards, Lokesh Babu.M
From India, Hyderabad
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Thanks & Regards, Lokesh Babu.M
From India, Hyderabad
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