😢 Can I break my employment bond? 👩💻If you have signed an employment bond and want to leave your company before the bond expires, keep reading! ✍️ Resignation before Bond Duration 🔺 If you decide to resign before your bond expires, the Employment bonds are enforceable only if the following requirement is satisfied: ✅ The employer has spent money on the employee for training and grooming-related purposes. 🔺 NOTE: The company mentions a hefty amount on a bond only to hold an employee for a long term basis. YOU SHOULD ALSO KNOW:- 1️⃣ In India, employment bonds are legal as far as they prescribe a reasonable penalty in case of violation. 2️⃣ The employer can claim only the amount that has been spent on his training’s. 3️⃣ Article 19 of the Constitution Right to work is a fundamental right, and under no circumstance does the Fundamental rights under Article 19 be waived by any person. 4️⃣ Again as per the Indian Contract Act no contract can be enforced on any person. Hence if the employee decides to leave the company, employment bond cannot be forced upon him. 5️⃣ Under Section 27 of The Indian Contract Act, an employer cannot restrict the employee from working for a competitor.
But mam, as per the same provision : one can restraint others from doing a job for a specified time limit...in your demonstration the company has restrained you for just three years (time specified) and therefore the bond is valid. You should pay the penalty if it was mentioned in the agreement... Kindly Let me know if I'm wrong
Non- compete clause is a valid one. A company can restrict an employee or any professional to work under or offer services to any competitor for the prescribed period in the contract.
@@deepanshupanwar501 i submitted my resignation to my company but my company does not provide me with a relieving letter or experience letter. It requires me to join another company. Please suggest to me what to do
@@deepanshupanwar501legal notice no one will get involved in legal matter.because it will take months to hear your hearing in court plus extra Advocate fees.
That's what I came to comment This so called foolish influencers takes any topic without proper study and all 😂 And makes a spicy video to attract people like everything is so easy😅
This can happen only in RU-vid shorts and movies.. You can't speak about legal codes and all especially if it's a big company. They can ruin your entire life in courts
How many cases have you heard of employers dragging former employees to court over work bonds? None! That's because the Indian judiciary comes down heavily on such companies. Companies can end up with penalties running into lakhs!
@@erasmusthegreat2699 it is really bad to leave a firm with immediate effect bcoz they need to recruit another very quickly and the next employer will also keep this in mind that you only care about money/no loyalty dedication for company/firm. I guess
Please don't misguide people. There is something called notice period mentioned in the offer letter which you need to complete. Otherwise the current company will not give you relieving letter or they can mention as termination in your relieving letter. The other company will not take you if your relieving letter is mentioned as terminated
This is a myth! If any company threatens to do that, calmly say you will be filing an appropriate legal notice and will be taking this incident to the labour court. Mind you, long notice periods and non-compete agreements are totally invalid in India.
@@erasmusthegreat2699 completely wrong dear....i faced this issue for not serving complete notice period in Bajaj finserv and also went through labour court for my relieving letter.....I was even ready to pay the amount for not serving notice period but the company didn't accepted the same. After going through labour officer they had given me a relieving letter stating that you are terminated on so and so date. Even labour officer was helpless. Truth is stranger than what is written in LAW books and what your thought process is as there are lots of loop holes 😄😄
@@shyambalakrishnan9757 First off - Avoid calling someone you don't know "dear" in a social or professional setting. It is downright cringe and highly unprofessional. To the issue at hand. You could have gone for an appeal through a public prosecutor in a higher court against the wording. Again, it all depends on what's mentioned in the document - If it says plain terminated or terminated due to non performance as there is a difference between the two. I eouldn't worry much of its plain termination. HR's usually don't bother getting into the details as long the previous company acknowledges that you worked there. People in India for some reason are absolutely terrified of standing up to toxic workplace practices.
If you try harder you might find a job but finding a job that actually pays well is extremely difficult. By the time one finishes the interview process one is burnt out 😂
A very practical scenario is that employees can't use the law because the salary amount is usually very low and the cost, time for a legal battle isn't worth it. So in such case, the ex company keeps the leaving months salary as a penalty. Only to save my salary, I had to give a notice period and offered to train the new guy.
There is no point in leaving a company and not notifying them right away. They want you to notify them early so that they have time to replace you. There is no point in giving a 2 weeks notice to a company that would replace you at a moment's notice
In developed countries like usa they are giving 2 weeks notice where the work force of the people is very less compared to india. But here they expect for 60 days to 90 days notice period. I don't know why
My brother dropped his resignation news to the company the very next day a new company's offer letter provided to him. After a week his notice period started, with fulfilling it he left the company.
This video is highly useful. It happened to me as well when I was leaving and company was asking me for penalty. But I didn't pay and left my full and final as well.
Formal reply with legal statements it's really necessary....and watched it shorts to upgrade myself to the next level ....am from Kerala and my friends from tamilnadu also like ur shorts videos they have upgraded a lot .... humble to ur videos thanks a bunch .....post more videos of legal regarding different types of harrassment...i was encountered a sexual harrasment from a reputed firm i was joined a job at the age of 22 i was not enough to attuned with them after that i have resigned i know this was not a solution and decision....but now am 29 am enough courage to face it ....
I don't know whether you work for any company or not but the company will never release the employee with an immediate effect unless you serve the notice period.. Stop spreading the wrong information..
S27 of the Indian contract implies agreement in restraint to trade An employee if she has signed on the bond cannot terminate the contract just like that she would have to pay damages on account of anticipatory breach of contract (s73) . Along with that she will also have to pay exemplary damages for the loss of credit to her previous organisation
I can't get enough of this. I recently enjoyed a similar book, and I couldn't get enough of it. "The Art of Meaningful Relationships in the 21st Century" by Leo Flint
please reply read my situation I have signed bond on stamped paper and joined on 2nd february 2023, but i still didn't give Any cheque as of now. Neither I received offer letter from company, nor salary, no laptop no accessories, they didn't even give offer letter yet they said when you submit signed cheque then we will give first salary and offer letter Now want to leave it, I don't want exp letter or relieving letter, or even salary of 1 month So what can happen in this situation ?
Corporate Lawyer here. 1. Notice period - if your contract provides for a notice period without any waiver, then you'd have to observe the entirety of it, or pay in lieu thereof. I doubt most employers would display such a goodwill gesture when you convey your termination in this fashion. 2. Although Section 27 of the ICA 1872 does prima facie deem all restrictive covenants to be invalid, such clauses (like non compete) have indeed been upheld by courts based on exceptional circumstances. These include the degree and proximity of the employee with the business's trade secrets, vendor channels, etc. 3. Your agreement may also have an arbitration clause, which cannot be bypassed. Even in the absence thereof, the employer may seek specific performance against you for breach/non service of notice/etc. Consulting a lawyer is always recommended instead of relying on RU-vid shorts.
Sir I worked in manappuram finance for 1.5 months. They took a bond paper and telling me to serve the period of 90 days notice period or pay 90k . I don’t want to give them money. They threatning to file a lawsuite what to do
@@Rishabhkv but you have to act carefully... Because they already know you're intentions.. So slowly convey the message part by part so they believe you..first You have to apply for one week leave or anything like that and have a fake medical report with you in case they ask
As per same indian contract act you should pay damages for the company for breaching of contract ( signing of bond for 3 years ). With out that you can leave the company as you like as there is a contract between u and u r company The point u mentioned is valid but in the present case it is absolutely void as per the act
please reply read my situation I have signed bond on stamped paper and joined on 2nd february 2023, but i still didn't give Any cheque as of now. Neither I received offer letter from company, nor salary, no laptop no accessories, they didn't even give offer letter yet they said when you submit signed cheque then we will give first salary and offer letter Now want to leave it, I don't want exp letter or relieving letter, or even salary of 1 month So what can happen in this situation ?
My brother case was same. So when he asked for resignation they said he has to pay bond price, which my brother never did bcz he knows even if they try to take legal action, they can't do anything since they spend none on his training. And the other company which was hiring him told him even before his resignation from his previous company that they just want him, and his skills, if his company won't provide experience letter no issues they will provide him for that years too... They were this desperate for my brother. So my bro got chill and after serving three month notice period he left the company. Now i don't know if his previous one provided letter or not.
Yes hr is more intelligent then her termination back fire her carrier even other company who hire they think twice before hire she do same thing to that company too more possibilities to think this way
As per the skit she just joined the company and has not attended any training.. she already got the job in a different company she cannot show the current one in her experiences as she did not have any.
Both means ending employee & employer relationship. Termination: Can happen both sides(employee & employer) Resignation: Can happen at employee side only
@@rahulsingh9966 dear Rahulji your company if in any case will file a suit for breach of Contract they will have to prove the amount of damages which shall be equivalent to amount spent on your training if nothing spent then it won't be admissible if they have spent then they have to give a justified figure. Since you have not received the salary they may not sue you. And even if they will then it is a civil matter or they may use the arbitration you can challenge it. this is not a criminal offence under IPC. Before resignation give them a medical reason for discontinuing the job with immediate effect. don't just abscond, face it.
@@rahulsingh9966 bro i too sve bond it depends on company they can accept your resignation. Your Notice period depends on your manger . But if u need experience letter u need to pay that bond amount or if u had given thm any check u will be trapped.
Firstly, there is no Article on Indian Contract Act, 1872 Secondly, As per Section 27 of Indian Contract Act , it deal with Agreement in restraint of trade, void. I have quoted Section 27 as it is : Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. Exception 1.Saving of agreement not to carry on business of which good-will is sold.One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein, provided that such limits appear to the Court reasonable, regard being had to the nature of the business.
Matter of fact do not join companies who wants a slavery bond signed from your end.... Companies with poor work culture and high attrition rate are keen on exploiting employees with such bonds
Either you pay the amount mentioned in the bond, or work without pay to sum the bond amount, or get the absconding/termination letter. Happened with me. Bloody Healthcare Companies. Not so simple as she says, cause you won't be, as they know the every legal loopholes. Only if you have the money to spend for your case in court.
A simple petition filed through a public prosecutor does not take much time nor money. Employment bonds & non competes are not enforceable in India. The companies know that you won't have access to legal advice and that's precisely why they take you for a ride!
Okay. So say, I left in 2020 and worked there for 8 months without completing 18 months there, with filling the case can I get my letters, cause I'm asking is that I have digitally signed the bond. Please confirm.
Moral of the story: You can still quit the job even though you have signed a bond. Because, no company has time to seat and file a law suite against you. Instead the company will spend more amount to lawyers to fight for an employee who salary was fixed for 15 lakh per annum. Generally, no company has time to fight instead they will fire HR😂😂😂😂 and recruit a smart 12 pass
@@tahaansari5621 what's your problem dude. I seriously wanted to know how TCS culture is toxic because I might be joining there. So I asked to get your opinion. What's your problem. I think because of rude people like you, maybe the culture has become toxic.
1. Bond amount, contract and offer letter is created and decided by legal people only . 2. This is mostly applicable to freshers and majority of companies mentioned an amount which is way less than 10 lacs. 3. There is something called “notice period” which is again created as per law. 4. Just by knowing few codes does not make someone knowledgeable. The company can ruin your career for these stupid moves. Many people change jobs where they are serving there bond period with either proper communication or in worst case by terminating themselves intentionally (involuntary / absconding)
I was working as a store manager in ABFRL i didn't like the job so I left the in 10 months so in order to get experience letter i had to pay 25k , as per HR they said it's their HR policy. Does it actually work like that??? If not i want to take a legal action against them
They are the bunch of devils, but themselves cheat the companies by interlobbying in between and get placed with higher paycheques in eachother's companies.
In Hand = money you get after all deductions. So PF is part of CTC. EPF has 2 parts, i.e Employer contribution + Employee contribution Employee contribution of EPF will be deducted from your gross salary.
@@swathisuchitra please reply read my situation I have signed bond on stamped paper and joined on 2nd february 2023, but i still didn't give Any cheque as of now. Neither I received offer letter from company, nor salary, no laptop no accessories, they didn't even give offer letter yet they said when you submit signed cheque then we will give first salary and offer letter Now want to leave it, I don't want exp letter or relieving letter, or even salary of 1 month So what can happen in this situation ?
Before being a lawyer learn english . Termination means they fired u and they cant stop u later from joining another company . Resignation is completely different
Companies will make you sign a legal bond saying you have to pay certain amount if you leave before bond period. If you have signed such doc you cannot argue.
In your own words, as per article 27 you cannot force a employee to work AFTER termination(termination hasn't been done yet). Also as per constitution any legal binding paper that has our signatures on it is admissible in court(in this case the bond letter which has clause clearly written).
Lols - You are supposed to serve Notice Period and if u don’t employer will Not issue u any letters and terminate ur services in record and if any BGV ur gone and best part is many companies are doing BGV
Don’t go with her advice it never work in real life … company will not give you resignation letter or exit letter … you are getting forced to abscond yourself.. it’s better to not give any resignation letter and abscond directly ..
