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Signed employment bond but do not wish to continue can i leave my job
19-Oct-2023 (In Labour & Service Law)
Hi Sir/Madam I'm under bond with an IT company but I don't like the way they want me to work. I was Hired to work on a different project but now they are making me work on two. My location of job has changed too. which is causing inconvenience I don't recognise one of the witness who has signed on the bond The bond is a Rs.100 non-judicial stamp paper As mentioned on the bond, they can ask for a refund on training they provided but no such training was provided, they have mentioned the training as on-the-job training. No training charges have been mentioned on the bond so can they ask for whatever sum they can? Please help with an advice if it's safe to leave the job or not Thanks you
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.
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.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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