Hi,
I recently joined a company with a service bond of 2yrs. if i break the bond i have to pay an amount of 2 lakh.
actually im not happy with my job since they didnt even provide us good training at all they just made us sit on production floor next to other employees,.
my job is night shift above that they make us work three hours extra everyday without paying even a single RS extra.
My health was not good and i wanted to leave on time and they didnt allow me,i was in hospital for next three days because of that.
in my bond they said six months of training buit in reality on name of training all i received was three pens and one notebook.
Please assist, i want to break this bond.
From India, Hyderabad
I recently joined a company with a service bond of 2yrs. if i break the bond i have to pay an amount of 2 lakh.
actually im not happy with my job since they didnt even provide us good training at all they just made us sit on production floor next to other employees,.
my job is night shift above that they make us work three hours extra everyday without paying even a single RS extra.
My health was not good and i wanted to leave on time and they didnt allow me,i was in hospital for next three days because of that.
in my bond they said six months of training buit in reality on name of training all i received was three pens and one notebook.
Please assist, i want to break this bond.
From India, Hyderabad
you can break the bond nothing is going to happened? they can only recover the actual amount spent on your training to aquired skill etc as per court order. Even it’s also a lenghty process.
87
i too am in the same situation, need urgent help. I'm a campus fresher andi joined in "mm" 2010 and i'm still in training period in which they are paying me 3lpa and post training 3.75 which will happen after 6 months of training. No training as such is going on. I'm doing night shifts and i'm being billed against my client. Now i want to break the bond. I don't any relieving letter, work-ex letter,PF or gratuity etc. I just don't want to pay the amount of 1 Lakh nor i want my self to get dragged in court.
Please tell what procedure should i follow. I'm already in the bond from the joining date and bond states that i should work for 2 years after training.
From India, Delhi
Please tell what procedure should i follow. I'm already in the bond from the joining date and bond states that i should work for 2 years after training.
From India, Delhi
Dear All
We find lot of posts on Bond Breaking.
It is not as easy as one thinks of breaking bond .There are serious consequences which will happen without our knowledge.
Having done certain research on the case law of Bond Breaking we find that it is more favoring the Employer .This is because of the legal route adopted by the Employers for enforcement of the Bond ,Employers go through the process of Arbitration and get an award very many times exparte i.e in the employees absence .The advantage for Employers is because the Employees are reluctant to part with their address and the Employer goes for service of notice on the old address and gets the verdict from the Arbitrator in their favor.The scope of the appellate process against such awards is very limited and the award by the Arbitrator is confirmed.The instances of Employees resisting such claims is minimal.Once the Employer gets the verdict the time for enforcement is 12 years.
Therefore it is better to plead to your employer to relieve you from the obligations of the Bond by sending an “escalation letter “to the Higher up than your HR Head say if it is an MNC to the HQ.It may sometimes work.In case this also does not work out you can send a “frustration Letter” for the record.In case there is legal case this letter may help.For getting the letters you need to take legal help on your specific facts.
The other option exposed by case law on enforcement on negative covenants is where the Employer is forced to terminate the Employee instead of the employee resigning . This option needs to be exercised and dealt with great care as you might have other issues cropping up. .If there is termination then the Bond cannot be enforced.
Also creating an Employees Forum with an All India Network to provide Legal Assistance at nominal cost to defend Bond cases on the Employees side can be a solution.This can match the legal strength of the Employees.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
From India, Bangalore
We find lot of posts on Bond Breaking.
It is not as easy as one thinks of breaking bond .There are serious consequences which will happen without our knowledge.
Having done certain research on the case law of Bond Breaking we find that it is more favoring the Employer .This is because of the legal route adopted by the Employers for enforcement of the Bond ,Employers go through the process of Arbitration and get an award very many times exparte i.e in the employees absence .The advantage for Employers is because the Employees are reluctant to part with their address and the Employer goes for service of notice on the old address and gets the verdict from the Arbitrator in their favor.The scope of the appellate process against such awards is very limited and the award by the Arbitrator is confirmed.The instances of Employees resisting such claims is minimal.Once the Employer gets the verdict the time for enforcement is 12 years.
Therefore it is better to plead to your employer to relieve you from the obligations of the Bond by sending an “escalation letter “to the Higher up than your HR Head say if it is an MNC to the HQ.It may sometimes work.In case this also does not work out you can send a “frustration Letter” for the record.In case there is legal case this letter may help.For getting the letters you need to take legal help on your specific facts.
The other option exposed by case law on enforcement on negative covenants is where the Employer is forced to terminate the Employee instead of the employee resigning . This option needs to be exercised and dealt with great care as you might have other issues cropping up. .If there is termination then the Bond cannot be enforced.
Also creating an Employees Forum with an All India Network to provide Legal Assistance at nominal cost to defend Bond cases on the Employees side can be a solution.This can match the legal strength of the Employees.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
From India, Bangalore
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