Employment Bond #education #finance #job
🔸Article 19 of Indian Constitution talks of fundamental rights, as per the Article 19 the Constitution the write to work is a fundamental right, and under no circumstance does the Fundamental rights under Article 19 be waived by any person nor can any person be forced to do something that amounting to the violation of the rights mentioned under Article 19.
Also, Section 27 of the Indian Contract Act, 1872 (the "Act") is relevant in this context. This Section reads as under:
"27. Every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void."
*One Correction: It’s section 388. I’ve mistakenly said 368
- As per Sec 388 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.
Sec 388 of Indian Penal Code talks about extortion by the threatening to file a legal suit. The minimum punishment under this act is 2 two years.
🔸The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.
However, if the company has spent on your training then they are liable to recover that cost from you, but that must be “reasonable”.
➡️In the case of Sicpa India Limited v. Shri Manas Pratim Deb, The plaintiff had incurred expenses of Rs. 67, 595 while imparting training to the defendant in respect of which an employment bond was executed for which the defendant had agreed to serve the plaintiff for a period of three years or to make a payment of Rs. 200,000.
After serving for two years, the employee left the company. The court determined reasonable amount as Rs. 22, 532.
Source: vidhikarya, lawrato, Labour Law Advisor(LLA)
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#job #jobs #office #company #resignation #law #financialeducation
Also, Section 27 of the Indian Contract Act, 1872 (the "Act") is relevant in this context. This Section reads as under:
"27. Every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void."
*One Correction: It’s section 388. I’ve mistakenly said 368
- As per Sec 388 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.
Sec 388 of Indian Penal Code talks about extortion by the threatening to file a legal suit. The minimum punishment under this act is 2 two years.
🔸The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.
However, if the company has spent on your training then they are liable to recover that cost from you, but that must be “reasonable”.
➡️In the case of Sicpa India Limited v. Shri Manas Pratim Deb, The plaintiff had incurred expenses of Rs. 67, 595 while imparting training to the defendant in respect of which an employment bond was executed for which the defendant had agreed to serve the plaintiff for a period of three years or to make a payment of Rs. 200,000.
After serving for two years, the employee left the company. The court determined reasonable amount as Rs. 22, 532.
Source: vidhikarya, lawrato, Labour Law Advisor(LLA)
.
.
.
.
.
.
.
.
#job #jobs #office #company #resignation #law #financialeducation
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