Dear Sir/Madam,
In India, signing an agreement for 2 years for abroad training and to retain employees, management is insisting new employees to sign an agreement. I had the same experience in signing an agreement for abroad training for 5 years and to continue the service for 4 years. Even now, a very famous organization in Chennai is insisting employees to sign an agreement for every 4 years even after completing 20 years of service. This practice is ongoing.
I left the company after serving 3 years of the contract period, and the Management sent a letter regarding the non-completion of the agreement terms. Due to medical reasons, I sent a requisition letter to be relieved from service. Finally, they sent a legal notice to me, the concerned doctors, and a new employer. This matter was escalated to a Senior Advocate panel for legal correspondence. They collected a significant amount from me and negotiated with the employer's advocate. The employer's advocate was not willing to agree on anything, and Vakalat was filed from my side. Finally, our panel of advocates informed me that there is a Supreme Court order for payment of breach of contract to the employer, and the advocates were unable to assist further. I had no other options left. This led to severe mental agony, high costs, and repeated visits to the advocate's office were futile.
I paid the amount, including the employer advocate fees. All these proceedings were guided by a very Senior IR Manager who had retired from the same company. Ultimately, everything turned out to be a waste, and in this context, where do you stand on the statement that bonds are one-sided and illegal?
Another question arises:
Given the Supreme Court's judgment in similar cases, why are advocates accepting cases like mine and causing mental distress without resolving anything? Are they not aware of similar cases before taking on new cases? If they are well-informed about the SC judgment, advocates could advise clients to settle the amount directly.
I am also a regular visitor of Cite HR and have been affected by this issue.
Please share your views on the above subject so that implementing new ideas in the existing company is made easier.
Regards,
RB
From India, Madras
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2In India, signing an agreement for 2 years for abroad training and to retain employees, management is insisting new employees to sign an agreement. I had the same experience in signing an agreement for abroad training for 5 years and to continue the service for 4 years. Even now, a very famous organization in Chennai is insisting employees to sign an agreement for every 4 years even after completing 20 years of service. This practice is ongoing.
I left the company after serving 3 years of the contract period, and the Management sent a letter regarding the non-completion of the agreement terms. Due to medical reasons, I sent a requisition letter to be relieved from service. Finally, they sent a legal notice to me, the concerned doctors, and a new employer. This matter was escalated to a Senior Advocate panel for legal correspondence. They collected a significant amount from me and negotiated with the employer's advocate. The employer's advocate was not willing to agree on anything, and Vakalat was filed from my side. Finally, our panel of advocates informed me that there is a Supreme Court order for payment of breach of contract to the employer, and the advocates were unable to assist further. I had no other options left. This led to severe mental agony, high costs, and repeated visits to the advocate's office were futile.
I paid the amount, including the employer advocate fees. All these proceedings were guided by a very Senior IR Manager who had retired from the same company. Ultimately, everything turned out to be a waste, and in this context, where do you stand on the statement that bonds are one-sided and illegal?
Another question arises:
Given the Supreme Court's judgment in similar cases, why are advocates accepting cases like mine and causing mental distress without resolving anything? Are they not aware of similar cases before taking on new cases? If they are well-informed about the SC judgment, advocates could advise clients to settle the amount directly.
I am also a regular visitor of Cite HR and have been affected by this issue.
Please share your views on the above subject so that implementing new ideas in the existing company is made easier.
Regards,
RB
From India, Madras
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Dear Sir/Madam,
In India, signing an agreement for 2 years for abroad training and to retain the employees, management is insisting new employees to sign an agreement. I had a similar experience in signing an agreement for abroad training for 5 years and to continue the service for 4 years. Even now, a very famous organization in Chennai is insisting employees to sign an agreement for every 4 years even after completing 20 years of service. This is happening till now.
I left the company after serving 3 years of the contract period and the management has sent a letter towards due to the company for non-completion of agreement terms. Due to medical grounds, I have sent a requisition letter to management to be relieved from service. Finally, they sent a legal notice to me, the doctors concerned, and a new employer also. This matter was taken to the Senior Advocate panel for legal correspondence. They have collected a good amount of money from me, and they negotiated with the advocate of the employer as well. The advocate of the employer side does not agree to anything, and Vakalat has been filed from my side. Finally, our panel of advocates came to me narrating the reason that there is a Supreme Court order for payment of breach of contract to the employer, and the advocates are helpless in this case. I have no other options left. This leads to severe mental agony, high cost, and time spending for taking a file to advocate again and again is merely futile.
I paid the amount inclusive of employer advocate fees also. All these proceedings were guided by a very Senior IR Manager who has retired from the same company. Finally, everything was a waste, and in these circumstances, WHERE DO YOU STAND ON SAYING THIS BOND IS ONE-SIDED AND ILLEGAL?
One more question also put forth: Having known the Judgment of the Supreme Court for similar cases, why are the advocates accepting cases like mine and creating mental depression at last without favoring anything? Are they not aware of similar cases before accepting the case? If they are very much aware of the SC Judgment, the advocates can counsel the client in a direct route to settle the amount.
I am also a regular visitor of Cite HR and I am also affected. Please share your further views on the above subject so that it is easy for me to implement new ideas in the existing company.
Regards,
RB
From India, New Delhi
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In India, signing an agreement for 2 years for abroad training and to retain the employees, management is insisting new employees to sign an agreement. I had a similar experience in signing an agreement for abroad training for 5 years and to continue the service for 4 years. Even now, a very famous organization in Chennai is insisting employees to sign an agreement for every 4 years even after completing 20 years of service. This is happening till now.
I left the company after serving 3 years of the contract period and the management has sent a letter towards due to the company for non-completion of agreement terms. Due to medical grounds, I have sent a requisition letter to management to be relieved from service. Finally, they sent a legal notice to me, the doctors concerned, and a new employer also. This matter was taken to the Senior Advocate panel for legal correspondence. They have collected a good amount of money from me, and they negotiated with the advocate of the employer as well. The advocate of the employer side does not agree to anything, and Vakalat has been filed from my side. Finally, our panel of advocates came to me narrating the reason that there is a Supreme Court order for payment of breach of contract to the employer, and the advocates are helpless in this case. I have no other options left. This leads to severe mental agony, high cost, and time spending for taking a file to advocate again and again is merely futile.
I paid the amount inclusive of employer advocate fees also. All these proceedings were guided by a very Senior IR Manager who has retired from the same company. Finally, everything was a waste, and in these circumstances, WHERE DO YOU STAND ON SAYING THIS BOND IS ONE-SIDED AND ILLEGAL?
One more question also put forth: Having known the Judgment of the Supreme Court for similar cases, why are the advocates accepting cases like mine and creating mental depression at last without favoring anything? Are they not aware of similar cases before accepting the case? If they are very much aware of the SC Judgment, the advocates can counsel the client in a direct route to settle the amount.
I am also a regular visitor of Cite HR and I am also affected. Please share your further views on the above subject so that it is easy for me to implement new ideas in the existing company.
Regards,
RB
From India, New Delhi
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Hello RB,
You do have a point—and a very true one at that—about some advocates taking advantage of the lack of legal knowledge of many who approach them with legal problems.
Frankly, this profession is no different from others—there will always be some black sheep among all professions. I too had similar experiences with some advocates—the standard line, IRRESPECTIVE of the strength of the case, quite often seems to be: 'let's file a case in the court'.
One lesson I have learned due to such experiences is this: always think 10 times when someone takes an 'extreme' stand on any issue WITHOUT much thought/discussion—be it an advocate or anyone in any field. I have also seen some advocates double-crossing their clients—by getting into 'deals' with the other party—however, that is NOT to be generalized with the whole advocate fraternity.
If you notice this same thread, you will find members who give such an extreme opinion [Bonds are 'not' legal in India, etc without so much as a simple substantiation], as if it's they who wrote the Constitution of India... sometimes feel like laughing & sometimes get wild too @ their lack of concern about the consequences of their advice/guidance/suggestions in such a public forum.
However, This Forum also helps & adds value to such discussions with able, realistic & well-informed members like Kamal Kant Tyagi.
Rgds,
TS
From India, Hyderabad
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You do have a point—and a very true one at that—about some advocates taking advantage of the lack of legal knowledge of many who approach them with legal problems.
Frankly, this profession is no different from others—there will always be some black sheep among all professions. I too had similar experiences with some advocates—the standard line, IRRESPECTIVE of the strength of the case, quite often seems to be: 'let's file a case in the court'.
One lesson I have learned due to such experiences is this: always think 10 times when someone takes an 'extreme' stand on any issue WITHOUT much thought/discussion—be it an advocate or anyone in any field. I have also seen some advocates double-crossing their clients—by getting into 'deals' with the other party—however, that is NOT to be generalized with the whole advocate fraternity.
If you notice this same thread, you will find members who give such an extreme opinion [Bonds are 'not' legal in India, etc without so much as a simple substantiation], as if it's they who wrote the Constitution of India... sometimes feel like laughing & sometimes get wild too @ their lack of concern about the consequences of their advice/guidance/suggestions in such a public forum.
However, This Forum also helps & adds value to such discussions with able, realistic & well-informed members like Kamal Kant Tyagi.
Rgds,
TS
From India, Hyderabad
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Dear Sir,
Thank you for spending your valuable time on the above subject, and it is easy for our other forum members to make any decision on this bond issue. To conclude this, signing an agreement for industrial training in India and abroad still exists, and it has its own effect, and nobody can escape from this. This was clearly evident.
Regards,
RB
From India, Madras
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Thank you for spending your valuable time on the above subject, and it is easy for our other forum members to make any decision on this bond issue. To conclude this, signing an agreement for industrial training in India and abroad still exists, and it has its own effect, and nobody can escape from this. This was clearly evident.
Regards,
RB
From India, Madras
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Do not get confused with the provision of General Laws of Contract with Special laws, when there are special laws the general laws are not applicable exclusively, they must have to be read with special laws, and some times general laws are not applied at all..... Special laws overtake them, so employment contracts have there own provision under its special law..... on an outline it seems to be applicable but, employment laws will be dealt under employment laws, provisions may be similar and seem to apply but not the same...
From India, Bangalore
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From India, Bangalore
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Hello everyone, I am in a mess. Can you all please guide me? Can you please look into this link https://www.citehr.com/536751-can-em...e-leaving.html and impart your advice and suggestions? I have gone through your posts. Please help.
From India, undefined
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From India, undefined
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Dear All,
Thank you for your support, but at this time, I am very confused because employees are joining and leaving the company within two to three months or after one year, causing losses for the company.
Kindly provide the employee agreement format, as employees should not be allowed to leave the job without a notice period. The company provides training to the employees, but they receive the training and then leave to join a competitor.
Therefore, please provide the Technical Bond Agreement. If an employee joins another company, they should pay the cost of the training provided by our company.
Thank you,
Rajesh Paswan
From India
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Thank you for your support, but at this time, I am very confused because employees are joining and leaving the company within two to three months or after one year, causing losses for the company.
Kindly provide the employee agreement format, as employees should not be allowed to leave the job without a notice period. The company provides training to the employees, but they receive the training and then leave to join a competitor.
Therefore, please provide the Technical Bond Agreement. If an employee joins another company, they should pay the cost of the training provided by our company.
Thank you,
Rajesh Paswan
From India
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Dear All ++++++++++++++ Thanks for your inputs. Wish a happy and prosperous festival of lights, DIWALI +++++++++++++
From India, New Delhi
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From India, New Delhi
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Dear All,
All the posts have lost sight of the practical aspect. Let us assume that taking a bond is illegal. Under Indian law, it can be challenged either by the employee approaching a court of law or as a defense in an action initiated by the employer. However, in both scenarios, the employee will incur legal costs. Furthermore, the enforcement of the bond by the employer will be through arbitration, with the venue for arbitration being the location of the employer's corporate office. All of this will involve both time and money. Therefore, while it may be easy to say that it is illegal, the ethical considerations should not be overlooked.
It is advisable to seek legal advice in every case before making a decision.
V. Sounder Rajan
Advocate & HR Legal Consultant
From India, Chennai
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All the posts have lost sight of the practical aspect. Let us assume that taking a bond is illegal. Under Indian law, it can be challenged either by the employee approaching a court of law or as a defense in an action initiated by the employer. However, in both scenarios, the employee will incur legal costs. Furthermore, the enforcement of the bond by the employer will be through arbitration, with the venue for arbitration being the location of the employer's corporate office. All of this will involve both time and money. Therefore, while it may be easy to say that it is illegal, the ethical considerations should not be overlooked.
It is advisable to seek legal advice in every case before making a decision.
V. Sounder Rajan
Advocate & HR Legal Consultant
From India, Chennai
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Employer suit for breaking service bond within 3 yrs - Delhi HC 5.9.2014.pdf
Death while in service letter for pf death claim.docx