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Need help regarding bond/ service agreement between employer and empl
07-Sep-2023 (In Labour & Service Law)
Hello sir/Ma'am,
One of my friend is working in MNC in delhi. He was working there for three years and now decided to leave. This MNC has mandated to sign service bond of 2 years and after completion of 2 years they again force employee to sign the bond of 2 years. My friend has complete 3 years and this MNC is asking for 2 months notice and 2 months salary. They are saying that this is their policy. My friend's financial condition is not good so he can't pay. This MNC is also not sharing the copy of the bond with him. Without paying the same they will not give him exp letter. Plz help.
So your friend has signed on it but didn't retain a copy for himself? What you can do is to make a request in writing for a copy of the Bond because the terms of the Bond have to be seen before I can advise you. Make sure to mark a copy to the concerned Labour Commissioner of your area. Include any other complaints you have in this letter as well.
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Adv. Shweta Sharma
Delhi | 100+ Answers
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It is very unfortunate practice by this MNC. This person, the friend of yours, may file a civil suit praying for direction to give the experience certificate. Does this person have any appointment letter, the previous service bond or any other document showing him to be in service of MNC for three years?
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It all depends upon the terms of the service agreement entered by your friend with the employer. In case it mandates a notice period of 2 months, then that needs to be adhered to. Though the second part of the assertion, that 2 months of salary has to be paid, is not legally sustainable. There cannot be a bar or restraint on trade in terms of Contract Act. Employee Agreements and the concept of service bonds has time and again been challenged before various courts and any such condition (as mentioned by you above) that restrains an individual from pursuing a trade of his/her choice is void. You need to send them a legal notice from an advocate, clearly asking for the copy of the employee agreement and your intention to terminate it in a lawful manner.
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