Employment bond Employment bond

2 years ago

Hello. I am a doctor. During my post graduation training, my insitute had a service bond after completion of the course.
Due to some disputes in the bond, a few of us had jointly filed a case against the institute and we had not been asked to serve immediately after completion of course due to the impending court case.
After passing my post graduation, I sat for interview for armed forces. In the result, I had qualified but my merit was low so there were no hopes of joining armed forces. And also by that time my institute had modified the original bond so I left the court case and accepted the bond. After serving the bond for 5 months, I get a call letter from the armed forces. My bond is of two years duration. What options do I have at this moment apart from paying the bond money if I decide to join the armed forces. Any leads would be very very helpful. Thank you

Tanay Khandelwal

Responded 2 years ago

A.Under Section 27 of the Indian contract Act, 1872, any terms and conditions which directly or indirectly compels an employee to serve an employer in not valid under Indian law. For an employment bond to be valid under Indian law, it has to be proved that it is necessary for the freedom of trade. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor
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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.approach a lawyer with copy of bond.
after analyzing bond a opinion can be given.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Bonds can be broken by payment of the amount decided by way of the service agreement. However, the law provides you to break the bond without any payment or deduction of the conditions of work or service that were against the labor laws. For example, strenuous hours, bad work environment, etc. You can approach the higher authorities and negotiate with them as well.

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Anik

Responded 2 years ago

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A.Hi,
Bonds are legally enforceable documents and any violation of the terms of the bond will be illegal and the company can take legal action against you. However, negotiation with higher authorities might help you to break the bond without paying money. Through a bond, an employer can only recover the money which was spent by him to train you however we will have to analyze the terms of the bond to provide a better legal remedy. Also, if the work conditions were against labor laws then the bond can be broken without a payment.

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You may approach Tribunal / HC and get bond amount reduced.
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