Would like to seek a legal advice how to implement Employment Bond. What are the necessary conditions to be included?
Recently, our company is experiencing difficulties for employees who will resign a month or few after employment/training with unjustifiable reason and this cost additional expense and time for training. Hope you can give me some inputs. It will be much appreciated.
From Philippines, Cagayan De Oro City
Recently, our company is experiencing difficulties for employees who will resign a month or few after employment/training with unjustifiable reason and this cost additional expense and time for training. Hope you can give me some inputs. It will be much appreciated.
From Philippines, Cagayan De Oro City
Hi,
In INDIA bonded labour is illegal labour practice so do in many countries. Thus, legally it will not stand in the eyes of court if put forward as legal case. Yes, what best you can do is you can calculate an amount that company needs to spend on administrative cost and training cost of the employee and put the clause stating this amount to be refunded back by the employee if he/she leaves within said period which will be decided between employee and employer.
377In INDIA bonded labour is illegal labour practice so do in many countries. Thus, legally it will not stand in the eyes of court if put forward as legal case. Yes, what best you can do is you can calculate an amount that company needs to spend on administrative cost and training cost of the employee and put the clause stating this amount to be refunded back by the employee if he/she leaves within said period which will be decided between employee and employer.
Hello Manoj Sir,
Your point of view is totally correct, but what will we do if employee left after taking a salary . by legal way we can not stop the candidate if he wants to leave. Also we cannot stop his salary / any other compliance
From India, Pune
Your point of view is totally correct, but what will we do if employee left after taking a salary . by legal way we can not stop the candidate if he wants to leave. Also we cannot stop his salary / any other compliance
From India, Pune
Employment bond
An employment bond is a contract between an employer and employee.
Some important terms
Terms should be reasonable and fair.
In consideration of training is imparted by the employers, the employees are required to work with the employer for a specific period of time. If this clause is violated by the employee, he will be liable to pay a stipulated amount of money to the employer.
The terms and conditions of a contract that restrict an employee from joining any another organisation would be invalid.
The interests of employers must be kept in mind, and they must be compensated in case of a breach of Contract.
Basically remember that employment bonds are not inherently void Their enforceability depends upon the terms listed out by them which, should not be excessive or unreasonable.
Best is take a suitable draft from a lawyer who deal in such matters and use it judiciously.
From India, Pune
An employment bond is a contract between an employer and employee.
Some important terms
Terms should be reasonable and fair.
In consideration of training is imparted by the employers, the employees are required to work with the employer for a specific period of time. If this clause is violated by the employee, he will be liable to pay a stipulated amount of money to the employer.
The terms and conditions of a contract that restrict an employee from joining any another organisation would be invalid.
The interests of employers must be kept in mind, and they must be compensated in case of a breach of Contract.
Basically remember that employment bonds are not inherently void Their enforceability depends upon the terms listed out by them which, should not be excessive or unreasonable.
Best is take a suitable draft from a lawyer who deal in such matters and use it judiciously.
From India, Pune
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Bond of Employment.doc
Bond in employment.pdf