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Signed a 24 month bond with company but absconded after 4 months
20-Oct-2023 (In Labour & Service Law)
Hi, I absconded my previous employer on the 4th month. I had signed an agreement on company pad which state that I need to serve the company for 24 months after completion of the 3 months training period else I have to pay 1,50,000 . And I shall be paid after completing 3rd months of training onward. I have not received any salary from them for 20 days of working in the 4th month. Since then I am receiving mails from my previous company HR threatening to take legal action and claiming to have send me legal notice which I have not yet received. Now, after 5 months my previous employer is sending mails to my current employer stating I should approach for settlement, but they are not responding to my mails and calls. And not taking any legal action till now in-spite of threatening me occasionally about taking legal actions. What shall I do?
As per the recent judgments by SC and various High Courts nowadays bonds are not valid in India.
In India Bond is illegal w.r.t 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 the Bonds 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.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.
However, if the company has spent on your training then they are liable to recover that cost from you.
Incase you do not want to work in the company, then you can resign from the company and in the said resignation mention about the illegitimate deduction from your salary.
Thereafter, if the fail to pay your salary then you can send a legal notice through a lawyer. If despite legal notice they fail, then you can file a suit for recovery and compensation for mental harassment.
In India Bond is illegal w.r.t 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 the Bonds 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.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.
However, if the company has spent on your training then they are liable to recover that cost from you.
Incase you do not want to work in the company, then you can resign from the company and in the said resignation mention about the illegitimate deduction from your salary.
Thereafter, if the fail to pay your salary then you can send a legal notice through a lawyer. If despite legal notice they fail, then you can file a suit for recovery and compensation for mental harassment.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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