Legal Question in Employment Law in India

i work in a company since 8 months and have resigned ,now they are asking for training compensesation of 3 lakh as a bond ,i have not yet received my confirmation letter from the organization and also not got any kind of training .

below are the terms mentioned in the offer letter .

1.You will be on probation for a period of six months from the date of joining. The Company

retains its right to extend your probation if your services are not found satisfactory. On successful

completion of your probationary period, you will be confirmed in the services of the company, such

confirmation being in writing.

2.You or the Company can terminate your employment without notice while under probation or

two month�s written notice after confirmation.

3.The Company will invest a considerable sum to train you and to bring you up to the industry

standards. As a result of these expenses; you agree to maintain employment with the Company for a

period of no less than two 2 years from the date of your employment start date. If at any time

during this two (2) year period, you voluntarily terminate your employment with the company, you

agree to pay Company your proportionate share of the INR 400,000 invested in my training.

please suggest me the validity of this bond.They are threatening to take legal action against me and not giving reliving letter.

Thanks & Regards

Kumar


Asked on 5/22/13, 11:34 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.05.2013

Dear Kumar,

The Company has not confirmed your services despite serving for eight months and since you were deemed to be on probation, hence no notice is required to be given by you to the Company as per point 2. of the appointment letter. Also state further in your letter to the Company that point 2 and point 3 of the appointment letter are self contradictory. Asking an employee to provide a service bond is equivalent to bonded labour and being draconian, is against the principle of natural justice and is invalid and null in law.

Regards,

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Answered on 5/23/13, 3:20 am


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