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is work bond valid if i resign in 6 days whereas bond was for 365 days
29-Aug-2023 (In Labour & Service Law)
Iam joined in a job with 365 working day bond. Now after just 6days iam resigned. So my question is work bond is valid or not? And my original certificate is there. So is there any way to get my certifucate with out paying penality.??
The bond is valid if duly signed and you have opted to resign before the time period without a 'valid reason'. The certificates can be held back by the company until you pay the bond amount, you can back to me with the copy of the bond and the details of circumstances by which you have resigned. I will give you a legal advice with remission of fees.
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Adv. S Sreekumar
Trivandrum | 25+ Answers
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What is the employee bond rule?
To make the employment bond legally valid and enforceable, it must be stamped on stamp paper with a value that is appropriate. The specified period must be reasonable and the employee cannot be forced to continue working for the employer beyond the stated duration. The employee can choose to rejoin the company.
What happens if you break a 2 year bond with a company?
The only remedy that the employer has in the event of a breach of contract is to receive a compensation amount. The amount of compensation awarded will be determined by the actual loss suffered by the employer as a result of the breach.
What is the penalty clause in the employment bond?
Penalty clauses in employment contracts
Employers risk losing employees if they leave the organization during the period of the contract. Employers include a warning about penalties in their employment contracts. Employees who terminate the contract early must pay a fine to the employer. 11-May-2023
Is employment bond legal or illegal in India?
In India, it is legal to use bonds that stipulate a reasonable compensation for breach. It is illegal to work with bonds that appear unconscionable.
An employment is enforceable only against the expenditure, if any, incurred imparting special training imparted to the employees. So also, the bond cannot enforced unilaterally. The employer need to invoke the due process of law.
It is illegal for the company to obtain and keep the Original certificates. They are your personal property. This a violation of human rights as well.
It is illegal for the company to obtain and keep the Original certificates. They are your personal property. This a violation of human rights as well.
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Adv. P Venu
Vaikom | 500+ Answers
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sir
companies spend money to acquire employee, their search process may also be elaborate.
most of the companies put freshers on probation.it means that they have not confirmed your appointment.
security of job and continuity of labour are two sided of the same coin. you will not be the sole candidate included in the select list for appointment. in such cases also the company that employed u does not stand to loose monetarily .
send a lawyer notice stating that u are prejudiced by the at of the company and that it mounts to unlawful enrichment by the company . it works with most of them . make a complaint to the labor commissioneretc etc.
companies spend money to acquire employee, their search process may also be elaborate.
most of the companies put freshers on probation.it means that they have not confirmed your appointment.
security of job and continuity of labour are two sided of the same coin. you will not be the sole candidate included in the select list for appointment. in such cases also the company that employed u does not stand to loose monetarily .
send a lawyer notice stating that u are prejudiced by the at of the company and that it mounts to unlawful enrichment by the company . it works with most of them . make a complaint to the labor commissioneretc etc.
Helpful?
23+
23+
Adv. B Vinod
Ernakulam | 25+ Answers
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