Corporate bond
7 months ago
Hello I have joined a software company 2 months back before they told me that there will be a 2 yr bond (clauses not given) I agreed and joined after 2 months they are asking me to sign a bond with a clause that they can send me any part of India for work and apart from 9hrs they can ask for work anytime to me . 2nd point is that the bond is two months excluding the 3 months of probation period and 2 months notice period means total 2 yr + 5 months extra which was totally hidden while joining.Please help me in this situation will possible solutions
A.Dear Client,
A service bond itself does not create any relationship between an employer and an employee unless and until it is followed by the essential steps required to make the Bond valid and enforceable under the law. So, in the absence of any relationship of employer and employee which is created through the issue of an offer letter i.e, contract of employment, issue of salary slips, mandatory deduction of statutory contribution under social security laws applicable on the establishment hiring the service of any employee, simply on breach of condition of standalone document i,e, Service Bond, cannot make an employee liable to face any legal consequences for series of deficiency on the part of the employer. Section 27 of the Indian Contract Act, 1872 states that every agreement, by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, is to that extent void. However, in case you feel the working environment or approach of the employer is unethical and toxic and face any such consequences from your employer, you may serve a legal notice objecting to the illegal and arbitrary action of the employer and reach out to the office of the concerned Labour Commissioner to file a counter-complaint against the employer for victimization and unfair labour practice to resolve the matter. However, in case you need any assistance in the matter of service of the legal notice and filing the complaint before the concerned Labour Commissioner, you may contact our legal team with the relevant papers.
A service bond itself does not create any relationship between an employer and an employee unless and until it is followed by the essential steps required to make the Bond valid and enforceable under the law. So, in the absence of any relationship of employer and employee which is created through the issue of an offer letter i.e, contract of employment, issue of salary slips, mandatory deduction of statutory contribution under social security laws applicable on the establishment hiring the service of any employee, simply on breach of condition of standalone document i,e, Service Bond, cannot make an employee liable to face any legal consequences for series of deficiency on the part of the employer. Section 27 of the Indian Contract Act, 1872 states that every agreement, by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, is to that extent void. However, in case you feel the working environment or approach of the employer is unethical and toxic and face any such consequences from your employer, you may serve a legal notice objecting to the illegal and arbitrary action of the employer and reach out to the office of the concerned Labour Commissioner to file a counter-complaint against the employer for victimization and unfair labour practice to resolve the matter. However, in case you need any assistance in the matter of service of the legal notice and filing the complaint before the concerned Labour Commissioner, you may contact our legal team with the relevant papers.
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