Break bond in my company
3 years ago
i joined a company. They put bond for 4 years and brought my school & college certificates. Now in pandemic they did not support/provide salary for more than 5 months due to Covid lockdown and also they reduced salary & increment(what they promised during joining period) if i go and work. In this situation now i am going to resign my job due to my mom medical issues (still i do have 1.7 years is pending as per bond). But they are asking money(9 lakhs) for that. I do not have money to pay. kindly help me what i have to do?
A.Dear Sir,
Please read the following and awaken yourself and discuss with me.
======================================================
Section 27 in The Indian Contract Act, 1872
27. Agreement in restraint of trade, void.—Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. —Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void." Exception 1.—Saving of agreement not to carry on business of which goodwill is sold.—One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the goodwill from him, carries on a like business therein, provided that such limits appear to the Court reasonable, regard being had to the nature of the business. 16 [***]
Fertiliser and Chemical Travancore Pvt. Ltd v. Ajay Kumar and Others
Three trainees were selected by the employer who signed a bond stating that they would obtain two years of training in the company and after the training they will put in at least five years of service in the company. In the event of breach of this condition Rs. 10,000 was to be paid as reasonable amount of compensation for the damages to be likely incurred by the employer. The trainee resigned after five months of training. The High Court of Kerala held in this case that though the candidates were selected for training and not for permanent service, it still involved a lot of time, energy and expenses of the employer. The employer will surely suffer loss when a trainee breaks the condition of bond and walks off. The employer is derived of the expected service of a competent person. Breach of bond by the trainee is aspect entailing damages to the employer. Only the quantum of damages needs to be decided.
The Indian courts have been reluctant to restrain the employee from joining a competitor/other employer
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Please read the following and awaken yourself and discuss with me.
======================================================
Section 27 in The Indian Contract Act, 1872
27. Agreement in restraint of trade, void.—Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. —Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void." Exception 1.—Saving of agreement not to carry on business of which goodwill is sold.—One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the goodwill from him, carries on a like business therein, provided that such limits appear to the Court reasonable, regard being had to the nature of the business. 16 [***]
Fertiliser and Chemical Travancore Pvt. Ltd v. Ajay Kumar and Others
Three trainees were selected by the employer who signed a bond stating that they would obtain two years of training in the company and after the training they will put in at least five years of service in the company. In the event of breach of this condition Rs. 10,000 was to be paid as reasonable amount of compensation for the damages to be likely incurred by the employer. The trainee resigned after five months of training. The High Court of Kerala held in this case that though the candidates were selected for training and not for permanent service, it still involved a lot of time, energy and expenses of the employer. The employer will surely suffer loss when a trainee breaks the condition of bond and walks off. The employer is derived of the expected service of a competent person. Breach of bond by the trainee is aspect entailing damages to the employer. Only the quantum of damages needs to be decided.
The Indian courts have been reluctant to restrain the employee from joining a competitor/other employer
Rate me Five Star *
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
You cannot be forced to pay such a huge amount and they cannot retain your certificates and marksheets as well.Please send a legal notice for release of these documents and also to get your salary due which is not paid by them for 5 months.
You cannot be forced to pay such a huge amount and they cannot retain your certificates and marksheets as well.Please send a legal notice for release of these documents and also to get your salary due which is not paid by them for 5 months.
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A.Hi,
You cannot be forced to pay such a huge amount and they cannot retain your certificates and marksheets as well.Please send a legal notice for release of these documents and also to get your salary due which is not paid by them for 5 months.
You cannot be forced to pay such a huge amount and they cannot retain your certificates and marksheets as well.Please send a legal notice for release of these documents and also to get your salary due which is not paid by them for 5 months.
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Manish Kumar Thakur
Responded 3 years ago
A.Under any situation and circumstances organisation cannot retain your marksheet and certificate.
Organisation cannot force you to render services for four years unless and untill they proved that they have spent any specific resources on your training part.
As per the present pandemic laws organisation cannot compel you to pay 9lakh.
you must send them legal notice to release your documents and pending salary.
Organisation cannot force you to render services for four years unless and untill they proved that they have spent any specific resources on your training part.
As per the present pandemic laws organisation cannot compel you to pay 9lakh.
you must send them legal notice to release your documents and pending salary.
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A.As per Pandameic law they cannot ask amount let them to send legal notice we can challenge them
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