Need Legal Help Regarding Service Bond

[v4victory 0]

dear friends,

I have got job with good multinational company but my current company is scaring me that they

will sue me and recover all money from me or from the suerities which

are included in the service bond which i singed at the time of employment. i need help because new company which i wish to join is very good.i have attached the copy of bond .i hope you will

help me to get out of the bond.

waiting for your reply

thank you

vijay

[Chirag 5]

This is worse than Bonded Labour! I dont understand, how can literate ppl even go ahead signing such documents!

In any case, i dont see any signatures or names of Sureities in that Bond Paper. I suggest u meet a lawyer and check the implications. And if they try legal ways, jus let them do it, it'll go on for some years, and in that time period, u can repay them the amt, if at all, proved!

And please get it checked, if such bond papers are valid without being on Stamp Papers! If not, then they dont have a case on you!

[v4victory 0]

This is worse than Bonded Labour! I dont understand, how can literate ppl even go ahead signing such documents!

In any case, i dont see any signatures or names of Sureities in that Bond Paper. I suggest u meet a lawyer and check the implications. And if they try legal ways, jus let them do it, it'll go on for some years, and in that time period, u can repay them the amt, if at all, proved!

And please get it checked, if such bond papers are valid without being on Stamp Papers! If not, then they dont have a case on you!

chirag,

i didn't had any other option but to sign bond. Is their any lawyer rimweb member who can help me in this matter?

thank you

vijay

[theking 35]

Man...As per recognised law, the company cannot recover any dues from u provided u tacke the case well...

Just take the benifit of Section 16, read with Section 2(i) of The India Contract Act which stipulates that the contract entered into with undue influence is voidable at your option...

(PS:- That is the major reason why u should not particularly care while entering the joining contract )

Section 16:- "Undue influence" defined

(1) A contract is said to be induced by "under influence" where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.

(2) In particular and without prejudice to the generally of the foregoing principle, a person is deemed to be in a position to dominate the will of another -

(a) where he hold a real or apparent authority over the other, or where he stands in a fiduciary relation to the other; or

(B ) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress.

(3) Where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall be upon the person in a position to dominate the will of the other.

Nothing in the sub-section shall affect the provisions of section 111 of the Indian Evidence Act, 1872 (1 of 1872)

[kshah 452]

I faintly remember SC declaring such bonds illegal a long back. Consult good lawyer, I believe its not legal. Ofcourse you may be prevented from joining company in similliar services or product if you have signed intelactual property right protection agreement.

[v4victory 0]

thank you very much guys for your advice

i will consult good lawyer & i hope i'll get out of the bond very soon without any trabble.

[theking 35]

If ya require any other details/help or references, post it....i dont remember the SC's/high court's decision at present, but can refer that if required...

[anujit 0]

Such bonds are invalid as someone rightly pointed out since its been forced on you. And you entered a 6 year bond! 3 years of training! Man what the hell were they teaching you!

Have you deposited any security money with them?

If no. What you can do with companies like this is give your resignation letter and walk out on the day you get your last paycheck. Dont tell them anything until you get your salary credited into your account at the end of the month!

Of course this means that you wont get your exit documentation which you might need with your next company. So check that out with your new company.

Apart from that they cant do anything their lawyers know as well this isnt a legally valid document. So dont worry on that account. They cant get a penny from you.

[v4victory 0]

dear friends,

What r the chances that i will loss the case if they sue me?

[theking 35]

None...keep us updated....

[appu654321 0]

I am in similar soup. The difference is I am bonded with a central government organisation. Do let me know if you find a good lawyer. Share your eperience.

Best of luck.

[chandannasta 4]

If I am not mistaken, if you cancel anything in the bond paper it requires a signature. And I can see in that papers there is two times cancellation where there is no signature also. Such papers can even be made by a common man as its not certified by any institution or stamped by any company. You can also make such papers and say that these were your bonds changing the period of years in it which you people had given. Simple yr problem shall be solved. If you get scared they will scare you more. If you get tough they will get scared from you and leave you on your own and wont interfere in yr life anytime in future. So don get scared be tough and fight with smart talks.