• Breaking of bond

Dear Sir/madam
I am a helicopter pilot.i joined a Mumbai based company last year mar 2017. They made me sign a bond for 6 years or 42 lakhs. But the company is troubling me by not paying me my salary, delaying my salary for more than a month, deducting my salary for no valid reason.Also I am facing problems at family front as i have to look after my old and ailing parents who are not ready to move to Mumbai with me .I realise that I should not have taken a job too far from home town and hence want to quit. Is there any way I can resign without paying the bond amount? Can I resign on compassionate grounds without paying money to company?
Asked 4 years ago in Labour

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17 Answers

Hello,

You can sue your company for not paying you the salary .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Bonds are invalid as per law as they violate Section 27 of the Indian Contract Act which is reproduced below:

27. Agreement in restraint of trade, void.—Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. —Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void."

Hence, they cannot legally force you to pay any amount in lieu of such illlegal bond.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1. If the company is not paying your salary or deducting sums from your salary for no valid reasons or paying your salary belatedly, then all these are good enough grounds for you to quit the company

2. In such a scenario you cannot be made to be bound to the bond the company has made you sign

3. The company cannot default in its obligations and expect you to render your services without being remunerated

4. Issue a legal notice to company informing it that you are desirous to quit the job due to the irregular payments made by the company and for mental harassment

5. Mark that legal notice to local police station and ministry of labour

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

You should consider sending a legal notice to the company giving them 15 days timestating the abovementioned provisions of law asking them to relieve you from your services due to the said reasons by clearing your dues as well as providing your relieving letter.

As a general rule, negative covenant restricting the employee beyond the period of employment are considered to be unreasonable and hence cannot be enforced.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

It is necessary to peruse bond executed by you

2) if you leave organisation befor expiry of 6 years company would seek to recover bond money from you

3) it is doubtful that company would waive bond on compassionate grounds

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

1) As per learned from citations case, we have come to know that the court may grant a order to pay you training amount to the company and order company to release you from service instead of bond amount.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

1) No one can compel you to continue on job despite your having signed a bond binding you to pay certain amount of you fail to work for a certain term. And six years is a very long period!

2) Send in your resignation with detailed explanation of the circumstances and the unfriendly work environment the company has created.

3) Serve notice of at least a month as the company needs to find a replacement.

4) Bond is binding as it is an agreement between two legal persons capable of entering into an agreement. However when the agreement goes against your basic rights and rights to earn a livelihood You have a case.

S J Mathew
Advocate, Mumbai
3381 Answers
175 Consultations

5.0 on 5.0

Bond paper are not valid in courts.

Company can not stop you from doing jobs in another company. No company can stop your salary.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Sir for the fact that company is delaying and deducting salary without reasonable ground is itself breach of agreement further you can issue company a notice for resignation on this ground.

The company will surely file for recovery of bond amount you can defend the suit though you will have to pay a reasonable amount like training and other expenditure though company cannot restrict employment and restriction for such long period.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You need to first highlight the problems faced by you to the company highlighting their inability to pay you proper salary and on that ground you will resign and if they do not relieve you you will be forced to approach labour court seeking redressal of grievance and ask them to relieve you on compassionate ground as well as on ground of no proper payment. The company will oblige.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

The problem at family front has nothing to do with your service and bonds in case there is a payment delay of salaries and allowances then you can go today respective High Court for direction to your employer to pay your salary and allowances as per the schedule but the bond you have signed for 6 years of service that can be enforced in case you leave the job and you will be liable to pay back the amount agreed in case of non performance as per the bond the company May legally infos the contract under specific performance act

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

One will have to peruse the service bond with this company to give a concrete response to your question.

Having said that, if this company is failing to discharge it's part of obligations in terms of the employment agreement signed by you, they cannot insist for strict enforcement of the bond you've signed with them

Even otherwise, this bonds look to restrictive and narrow in scope to be enforced.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Firstly, sir if somebody is signing any bond then that person is having full responsibility to abide by it, but some responsibility is on the company also.

Secondly, as per your query they themselves have violated very basic rules of he employment which is regular payment and less or least mental harassment to the employee.

Thirdly, you please file a suit for recovery in the district court, and then pray to not to continue with them further as they have violated agreement of job not you who has broken the bond.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello,

Send a notice to them for paying your salary on time and clearing the dues, as and when they fail to do so you may resign and file an FIR on them for fraud so as to create pressure on them so that they do not go for execution of the bond.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If u will resign while no employer fault, u may by forced to pay bond money.

find default on company side and that too committed optionally, Complain the same in writing, to procure evidence. than your chances are bright.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can show the above reason and quit. Actually when you sign the bond you need to adhere it else it become breach of contract. But if they are harrassing you then you can get away with it. But for Proper advice the terms of contract has to be read carefully.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

First of all you should go through the contents of the employment offer letter.

If you have agreed to the conditions made in the offer letter and have given your consent in writing then you are obliged to comply with it.

The authorities will not accept your reason that your parents are old and you have to take care of them etc as valid reasons for resignation.

The only defence you have is that the irregular payment of salary.

For that also you may have to inform the company in advance about this irregularity, giving an opportunity to them to correct their part of lapse after which you can claim it as a right to resign the employment without paying the bond amount.

The wordings of the bond need to be seen for rendering more proper opinion

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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