Job Bond Job Bond

4 months ago

Mera naam Ankur Gupta. Maine 26 December 2022 Mai Trademasters Finserv Mumbai (US stock market) company join Kiya tha 2 saal ka bond aur bond fine 4 lakh hai. Jab Mai salary per shift karunga tabhi se abhi Mai trainees period per hu 1 saal complete ho gaya next month Mai salary per by default shift ho jaunga isme 70 - 30% profit sharing hai

For example $ 1200 profit hua hai October
$ 500 Software charges
$ 200 Brokerage charges
250 payout in January 50%
100 in long term account 20%
150 company sharing 30 %

Abhi Tak Mere long term Mai around $ 2500 aur January and February total payout around $ 3800 aur last month aapko minimum software charges cover hona chahiye toh aap next month payout ke liye eligible ho aur Mai is month $ -- 1200 negative Mai toh next month payout ke liye mujhe is month minimum 1200 cover karna padega.
Toh mai kaise apna long term aur January February ka payout le saku.

Company website
https://trademastersfinserv.com/

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client.
From the contents of your query it appears that you engaged yourself in a target based job on execution of a service bond for two years duration. A service/contract 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. Service Bond, cannot make an employee liable to face any legal consequences for deficiency or failure to meet the assigned target. The following are the requirements of a valid employment bond agreement. 1) The agreement must be signed by the parties with free consent. 2) The conditions stipulated must be reasonable and 3) The conditions imposed on the employee must be proved to be necessary to safeguard the interest of the employer. 4) The employment bond is to be executed on a stamp paper of appropriate value in order to be valid and enforceable. The validity of Employment bonds can be challenged on the basis of Section 27 of the Indian Contract Act,1872 which prohibits any agreement in restraint of trade and profession. The law states that an agreement (employment bond) will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. If your contract of employment stipulates that in case of failure on the part of employee to meet the business target, he or she will face termination with or without a notice, or pay in lieu of notice, then Company can do so for a valid reason following the principle of natural justice, otherwise such termination shall be held illegal termination and if so happens you may escalate your grievance before the concerned Labour Commissioner for redressal failing which you may file your grievance before the concerned Labour Court/Industrial Tribunal for approriate relief in the matter.
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