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Non disclosure of terms of agreement, company harassing please advise


19-Jan-2023 (In Labour & Service Law)
I have joined a Nagpur company in 2015 august. The HR have taken telephonic Interview and selected me. She have not informed about the 36 months agreement at that time. After joining the company the have made me to sign the employment agreement. I have worked for 17.5 months and have resigned due to family problems and intimely disbursal of salary. Yesterday they have mailed me to pay 300000 rs for not following the agreement and they will be sending a courier to my address What should I do for this to counter attack?
Answers (1)

Answer #1
811 votes
As per the recent judgments by SC and various High Courts nowadays bonds are not valid in India.

In India Bond is illegal with respect to employment since as per the Indian Statute, bonded labor system was long abolished and no bond can force any person to work against the employees wishes.

Article 19 of Indian Constitution talks of fundamental rights, as per the Article 19 the Constitution the write work is a fundamental right, and under no circumstance does the Fundamental rights under Article 19 be waived by any person nor can any person be forced to do something that amounting to the violation of the rights mentioned under Article 19.

As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of theBonds are one sided.

Again as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom it is enforced and if performed would violate principles of natural justices.

But however if the company has spent money on your training then you are liable to pay the money. However if no training was imparted by organisation then the bond is illegal.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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