• Bond

Sir,
I am working in kerala state psu.At the time of joining I executed a bond for Rs250000 for 5 years.This includes 2 years of training and then 3 years.I didnt get any formal training during my training period.Now I compleeted 3.5 years of service.Now I got a new job through kerala psc to technical education dept under kerala govt..Is there any provision to get rid of this bond amount,
Asked 6 years ago in Labour

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7 Answers

there is a DPE Guideline which lays down that in case if an employee is shifting from a PSU to PSU or government the service bond should be transferred to the new employer.

2) (DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004)

Enforcement/transfer of bond in respect of employees of Public Enterprises who leave the services of one Undertaking to join another Undertaking/ Government.

The undersigned is directed to refer to this Department’s OMs No. BPE/GL-017/77/MAN/2(11)/75-BPE(GM-I) dated 13.6.1977 and 23.5.1981 and No. 17/20/84-GM dated 5.2.1985 on the subject mentioned above, which were deleted vide this Department’s O.M. No. 20(5)/95-DPE(GM) dated 10th December, 1997. After deletion of these guidelines, Department of Public Enterprises received references from various quarters for revival of these guidelines to enable them to regularize enforcement/ transfer of bond in the case of public sector employees joining services in Central Govt./State Govt./Autonomous Bodies. The position has been reviewed and after careful consideration, it has been decided to revive this Department’s OMs dated 13.6.1977, 23.5.1981 and 5.2.1985 with the following modifications:

(a) The bond executed by employees of the Public Enterprises, who have received scientific/technical training at the cost of Public Enterprises and have applied through proper channel during the currency of the bond join Central Govt./State Govt. services or take up employment under quasi-government organizations or any other public enterprise either on the basis of competition examinations/tests/interviews organized by those organizations or the Union Public Service Commission should not be enforced subject to the condition that a fresh bond is taken to ensure that the employee serves the new employer for the balance of the original bond period.

(b) The terms of bond whereby an employee of a Central public enterprise receiving scientific and technical training out the expenses of the Govt./Public Sector Enterprises undertakes to repay this specified amount in the event of his failure to serve the enterprise for a stipulated period after completion of his training should not be enforced against an employee who leaves service of public enterprise to secure, with proper permission, employment under the Central Govt., a public enterprise or an autonomous body wholly or substantially owned/financed/controlled by the Central/State Govt. A fresh bond should be taken from the person concerned to ensure that he serves the new employer for the balance of the original period.

(c) To ensure that the requirement of obtaining a fresh bond from a person, where necessary, is fulfilled, the enterprise with whom the employee has executed the original bond may at the time of forwarding his application write to the organization etc. under whom the employee intends to take up another appointment intimating them about the bond obligation of the individual and clarifying that in the case of his selection for the new post, his release will be subject to the condition that the new organization take from him a fresh bond binding him to serve them for the balance of the original bond period; in case he fails to serve the new department/organization etc. or leaves it before completion of the original bond period for a job where exemption from bond obligation is not available, the proportionate bond money should be realised from the individual and refunded to the first organization with whom he originally executed the bond.

2. All the administrative Ministries/Departments are requested to kindly issue necessary instructions accordingly to the public sector enterprises under their administrative control.

(DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004)

3) you will have to execute fresh service bond as per DPE guidelines

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

Bond is still effective either on your request dept. itself absolve you or apply for technical resignation and trasfer of bond to new new psu.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Best way is that at the time of resignation and before submitting the same to your employer and if you have applied through proper channel then may have a talk with your head of department to waive off the bond amount, this can be done and under power of the emplyers.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You need to pay the penal charges if any if the bond is broken as mentioned in that bond

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

You have the right to get the Bond to another PSU or Central Government trasferrred. There is a DPE notification regarding this:

dpe.gov.in

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If an employment bond is breached, the employer might be entitled to compensation. The compensation awarded should be reasonable to compensate the loss and should not exceed the penalty, if any stipulated in the contract. The court computes the reasonable compensation amount by computing the actual loss incurred by the employer having regard to all facts and circumstances of the case. Even if the bond stipulates payment of any penalty amount in the event of breach, it does not mean that the employer shall be entitled to receive the stipulated amount in full; the courts shall determine the reasonable amount of compensation to be paid.

 

Therefore you may be required to pay the proportionate bond amount if you are to resign the job before completion of the bond agreement period.

However you may first apply for resignation, let the authorities inform you about this after which you may decide further legal course of action on it.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

if you leave any PSU during bond period you have to pay the requisite amount to that company. After all nothing is more than your dream career if you are leaving a a company. However, it can be transferred to other PSU if you are moving to another PSU.. 

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

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