Saturday, March 13, 2010
Bond need not necessarily bond
When we see from the position of parties in the employment relationship , the employee constantly tries to work for less hours , earn more money and try to gain more bargaining power to get a favorable exchange from the employer. The employer in turn defines the task time to time , fixes the wages in accordance to the supply and demand of labor in the market and changing business opportunities. In this respect along with on the context of operating in a economic environment where factors like inflation , deflation , standard of living play a good role in deciding the wages or remuneration for the efforts exchanged from the workers , employment bond offers a limit on the opportunities available to the employees. It is just the limit , as competent employees will find employers who are ready to execute the bond offered by the previous employer. I am tempted to compare the employment bond with the housing/leasing agreement usually done by the house owner and the tenant. It says that the house owner will give the house on lease for at least a minimum period and the tenant has the option to vacate with a fixed months of notice. The house owner has the options to create conditions under which the tenant will be forced to leave on his own when under the situation where house owner feels compelled to vacate the tenant. So cases akin to ” constructive discharge “ can also happen here. Suppose a employee who wants to leave the employer , learns all the skills , performs deliberately poor ,forcing the employer to fire him, thus get relieved of his responsibility to execute the bond to the company. So does the implementation of a bond really serve the purpose of retaining the employees for the investment in their competency building ? It deserves a no . But speaking literally with the examples , it comes close to yes .. but definitely not yes. Is the bond being priced in accordance with the changing times. If we can see from the amount to be executed in the event of breaking the bond , we can see that it has remained constant. Thus it indicates that it is not at stead with the changing times , but a seemingly threat to the employees to hold on to the job and serve the employer. In fact some of my friends who were working along with me in TCS left it without paying any bond , the company kept on sending notices , and after sometime the exchange stopped. But it didn’t lead to any legal problems.
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I agree to the fact that many freshers who join companies like TCS & Infosys leave the company without paying the bond amount but keeping this we cannot generalize the issue.One reason is you might not get a proper relieving letter and Many times when you leave a job to join another one the new employer might ask if you have cleared all your bonds just like how the new employer checks if you have any signed any restrictive covenants with your previous employer.
ReplyDeleteAnd there is a possibility that the new Employer might pay the Bond amount to the previous employer if the employer feels that you are worth the amount(your demand is high in the labor market).
hence this issue cannot be generalized that we can escape bonds!!