Problem Related To Service Agreement (Bond) For 2 Years

Asked in Contract

  • Rohit Singh

    Dehradun

Expert's Answers(6)

  • Advocate Karan Daga

    Kolkata, WEST BENGAL
     

    Please contact me for further assistance

    October 18, 2021
  • Advocate Karan Daga

    Kolkata, WEST BENGAL
     

    Sir, Digital signatures and acceptance through digital format is also accepted by Courts as per the Evidence Act and prevailing contract laws and IT laws. Further, if such document has been registered by them then they will have an upper hand in this case. Hence, i would advice you to get your contract reviewed by a lawyer and issue a legal reply to your company's allegations against you.

    October 18, 2021
  • Advocate Nithyanandan

    Chennai, Tamil Nadu
     

    DEAR CLIENT, AS PER INFORMATION TECHNOLOGY ACT IS IMPLIED ACCEPTED THAT I HAVE AGREED AS PER THE TERMS AND CONDITIONS AND YOU EITHER PAY BACK 2 LAKH BOND OR BOUND TO WORK IF YOU LEAVE ALSO THEY WILL MAKE A LABOUR SUIT IN COURT OF LAW AND BETTER TO CONSULT A LABOUR LAWYER BUT MAXIMUM IT IS A IMPLIED CONTRACT IN TECHNOLOGY LAW

    October 17, 2021
  • Advocate Nithyanandan

    Chennai, Tamil Nadu
     

    DEAR CLIENT, AS PER INFORMATION TECHNOLOGY ACT IS IMPLIED ACCEPTED THAT I HAVE AGREED AS PER THE TERMS AND CONDITIONS AND YOU EITHER PAY BACK 2 LAKH BOND OR BOUND TO WORK IF YOU LEAVE ALSO THEY WILL MAKE A LABOUR SUIT IN COURT OF LAW AND BETTER TO CONSULT A LABOUR LAWYER BUT MAXIMUM IT IS A IMPLIED CONTRACT IN TECHNOLOGY LAW

    October 17, 2021
  • Advocate Anik

    Bengaluru, Karnataka
      65 Client Ratings

    Hello Sir That agreement you signed is equally treated as bond and you are bind to as per the agreement and even the company. If you want to leave the company then you'll have to pay for the bond money. Thanks Please rate if you find this advice helpful.

    October 13, 2021
  • Advocate Kishan Dutt Kalaskar

    Bengaluru, Karnataka
      184 Client Ratings

    Dear Sir, The law is as follows: ====================================== Remedies available to employer and employee on breach of service bond In the event of breach of employment bond, the employer might incur a loss and, therefore, may be entitled for compensation.4 However, the compensation awarded should be reasonable to compensate the loss incurred and should not exceed the penalty, if any, stipulated in the contract.5 Usually, the court determines the reasonable compensation amount by computing the actual loss incurred by the employer having regard to all 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 as compensation on the occurrence of such default; rather the employer shall be entitled only for reasonable compensation as determined by the court. While exploring alternate remedies available to the employer in the event of default by the employee, it would be interesting and worthwhile to discuss whether the employers are entitled to seek for reinstatement of their employee or obtain restraining order against the employee from joining any competitor/alternate employer because many such similar reliefs have been sought by the employers in various suits. The apex court, while dealing with similar query, has held that the specific performance action cannot be sought for breach of contract of personal service or bond6 and, therefore, the employer shall not be entitled to seek for reinstatement of their employees as relief in the event of breach of bond. In another matter, the apex court has held that it is not bound to grant an injunction in every case and an injunction to enforce a negative covenant would be refused if it would indirectly compel the employee to idleness or to serve the employer7 and, therefore, the courts are also reluctant to grant injunction against the employees restricting their employment with other employer unless it is necessary for the protection proprietary interests or trade secrets of the employer. Please give me rank after viewing my details. Please call me for further assistance.

    October 13, 2021