A written document is always solid proof of any terms or the agreement. When it is about defining terms and norms of connection between employment and employees, the employment bond contract plays a very important role. In this description, we briefly outline some major points with such agreements with their usefulness to employers:
Employment Bond Agreement-A definition
An employment bond agreement is a document that defines the labor terms of the contract between employee and employer. The employment bond agreement protects both parties and provides some standard terms to which they mutually agree. The employment bond is a type of contract agreement that describes the minimum employment period, and conditions like job profile, salary, designation, etc.
An employment bond agreement is made at the time when a new employee joins the company. If an employee quits the company before the agreed term, he/she has to pay a few amounts to the company.
Why Employee Agreement of bond is needed?
When it is about hiring an employee for an organization, company bond rules suit to be very crucial for it. A bond agreement is a fundamental contract between employee and organization that defines the parameters for training and employer expenses in exchange for a specific time of work. If an employee doesn’t follow the policies of the company in the future, he/she can be warned to take appropriate legal action.
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Employment bonds can have the following information:
–Rights of employees
–Restrictions for employees when they leave a company
–Penalties to leaving the company before the bond period
What are the conditions for an admittable Employee Bond Agreement?
1-Both active parties should sign the bond with their mutual consent
2-In some cases signatures of witnesses are also required
3-Time and compensation amount defined in the agreement must be reasonable
4-There should be a confidentiality clause
In a valid employment agreement, an employer can’t force an employee to work for a longer time period.
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In case of contract breach, the compensation paid by the employee must be reasonable.
The solution in case of violation of a Contract Employee Agreement
Section 74 of the Indian Contract Act 1872
According to this act, if a contract requires that a sum or penalty be paid in the event of a violation, the party complaining of the breach has the right to collect that sum or penalty from the defaulting party. The employer would submit a complaint, and the defaulting party, the employee, would be accountable for paying the agreed-upon compensation under the contract.
Here are some alternatives to breaching an Employee Bond Contract- Work-life balance, Structure the salary, pay Compensation to above industry standards, Growth Path, Leadership.
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Mistakes to avoid drafting an employee bond Agreement
- The bond’s term should not be excessively long.
- The payment bond cannot exceed the amount spent on training and grooming the employee.
- If you need to go to court, make sure you have enough proof of training and maintenance costs.
- Include a secrecy agreement that ensures the company’s trade secrets are protected if the employee leaves.
- Some businesses form arrangements with their employees to give them a lump sum if they decide to depart. While doing this, it is important to remember such agreements aren’t legally binding, and employees frequently ignore them.
Conclusion:
As it is essential to protect the employer’s interests, the employee bond agreement is found very reasonable. According to the national and global laws of employment, an employee can’t be forced to work with an enforced employment bond. However, in order to protect the employer’s interests, the constraints imposed on the employee under the contract must be “fair” and “necessary”; otherwise, the bond’s validity may be called into doubt.