It has to be signed by both the parties
if not signed by employer not binding upon you
I was employed as an executive in a Public Sector Undertaking (PSU). PSU made me sign an employment bond of Rs 3 lakh on non judicial stamp paper. (Employment Bond was titled Service Agreement Bond). As per the bond, Rs 5000 will be deducted every month from my salary towards bond amount and balance bond amount will have to be deposited in case I leave the PSU before 5 years of joining. However, the bond had an field for signature of the employer where it mentioned "Accepted on behalf of the Employer". After my resignation before 5 years, I deposited the balance bond amount. Later, I got the copy of bond through RTI and found that no employer representative had signed in the field meant for Employer. Bond only had my signature and my surety's signature. Is this employment bond (which was titled Service Agreement Bond) valid as it was not signed by the employer.
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Please elaborate on the above answer as according to some lawyers, employer's signature/acceptance is not compulsory on the bond document (Service Agreement Bond) and it can be considered deemed acceptance as Rs 5000/- towards bond amount was being deducted by the PSU employer every month from my salary. Also, kindly elaborate under what clause/law the bond (titled service agreement bond) is not valid .
For the bond to have legal validity it should not be one sided or just favour the employer. The court always questions the reasonability of the bond for it to be accepted legally.
2)
The requirements of a valid employment bond agreement.
3) The employment bond will not be enforceable if it is either one sided, unconscionable or unreasonable
Can you share any judgement which stipulates that employment bond should be signed by both employee and employer ?
A service bond without an employer's signature is not valid. A service bond is a legal contract between an employer and employee, and it must be signed by both parties.
A service bond must be in writing and signed by both parties.
It must be stamped with the required stamp duty.
It must be a valid contract under the Indian Contract Act of 1872.
It must be fair and not excessively restrictive.
It must comply with the Industrial Disputes Act of 1947.
An employment bond is only valid if it meets certain conditions, including that it is a valid contract and both parties voluntarily agree to the terms. If the bond is not valid, then any deductions made from an employee's salary are not legally enforceable.
Bonds are only valid if the company has spent money on the employees' personal care and advancement, not merely on getting them ready for work. To show that the bond is lawful, it should also not be biased or in the employer's favour.
The judgements can be cited only before the court of law in the event of any dispute in this regard before court.
You can simply refer to the provisions of Indian Contract Act to solve the problem or you can resort to legal action through your lawyer.
Definitely it is important for acceptance with signature if same is not there they should be sim document corroborating the fact that the said bond is not requiring signature and its automated
Dear Client,
The enforceability of an employment bond, specifically the Service Agreement Bond you signed, depends on various parameters, including whether it is enforceable under Indian contract law. For a contract to be valid, certain criteria should be followed regarding mutual consent and acceptance by both parties. The absence of the employer's signature in the particular field was labeled "Accepted on behalf of the Employer; " this does indicate that the bond may thus not be executed formally by the employer. This may tend to make the bond unenforceable since acceptance from one party is not demonstrated.
However, the issue is somewhat complicated because you have yet to pay the amount remaining in the bond post-resignation, thus indicating that a form of implicit accord of the bond terms and conditions has taken place. The Indian Courts typically allow employment bonds that are not destructive of their essence of reasonableness, proportionality, and legitimate interest. Where bond terms prove to be severely constrictive, arbitrary, or one-sided, the employment bond should then be well rendered void and simply negates the signing-affixed issue.
You may contest the bond's validity in a court of law, arguing, among other things, that the absence of the employer's signature means that there is no formal acceptance of the contract. In turn, any deduction from the salary that takes place under the bond terms without any valid execution can further be contested. Approaching a legal professional competent in employment law is advised to assess how strong your claim is and guide you on any relevant measures which could involve issuing a legal notice or taking your case to court for the recovery of the money you had already paid under the bond.
Hope this solves the query. Feel free to revert for further legal inquiries.
Employer's Signature:
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The validity of an employment bond under Indian law hinges on mutual consent and acceptance, as required by the Indian Contract Act, 1872. In your case, the absence of the employer's signature in the designated field weakens the bond's enforceability, as mutual agreement must be demonstrable for the bond to be binding. While the employer’s argument of deemed acceptance through the deduction of ₹5,000 monthly might hold weight in some instances, the lack of formal execution undermines their claim, particularly when explicit acceptance through a signature is required. Furthermore, courts, as in Central Inland Water Transport Corporation v. Brojo Nath Ganguly (1986), have held that employment bonds must meet the tests of fairness and reasonableness. If the bond is incomplete or imposes disproportionate penalties, it can be challenged under Section 23 of the Indian Contract Act or argued to violate public policy. You have strong grounds to contest the bond, as the lack of the employer’s formal acceptance raises questions about its enforceability. It is advisable to seek legal counsel to identify precedents supporting your case and strategise further.
Thanks and Regards,
Advocate Aman Verma, Legal Corridor