GOK (God Only Knows) - Bond or no bond; you are a free bird

Organisations are incurring huge expenses in training, moulding new hires to fit their functional technologies, organisation culture etc. Such developments have compelled organisations to think of "Service bond" or “Employment bond” as an instrument of recovering such costs, in case an employee jumps training or service mid way through. Thus, the bond binds the person executing, to the organisation engaging the training, that he is liable to pay a particular amount towards cost of training, etc., in the event the trainee leaving before the bond period. This is an agreement, where there is an offer and an acceptance for a consideration. For fresher and particularly, GET’s and MET’s, it has become almost compulsory for them to sign a bond in many private companies. This is perfectly enforceable, as the agreement is executed on a stamp paper of appropriate value. The bond can be produced in a court of law as evidence.However, “Employment Bond”, as a matter of fact, remains a product of bygone era, where the employers were exercising the authority over the employment market. Also, skills were available in copiousness and few opportunities were available for the talented. But now, the scenario has been changed; Employment Bond is illegal atleast in INDIA. But this does not mean that an employee who had undergone training at the cost of employer and gained knowledge out of such training shall just leave the company before a reasonable time and without paying it back in the form of resourceful service. If an employee does so, the employer's interest to get back the amount spent by way of training will be justified and protected. Indian Jurisdiction has put down certain legal rules pertaining to employment bond and few of them as mentioned below:

1. 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. The court also has stated that the employer cannot hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same.
2. Also, as stated under Article 19 of Indian Constitution which talks of fundamental rights that 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 is amounting to the violation of the rights mentioned under Article 19.
3. Also, as per Indian Statute, bonded labour system was long abolished and no bond can force any person to work against the employees wishes.
4. Again as per the Indian Contract Act, no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom it is enforced and if performed would violate principles of natural justices.
5. It has also been stated that any complains on the company would land the Directors and Managing Directors of the company in Jail, as the company is not a actual living entity but legal entity and the management are hands and heads of the company.

My personal experience: The Legality of the BOND strictly depends upon the Clauses appended in the Bond. It also varies from Company to Company. Some may take to court, others leave it to the betterment of the Employees. When I got into TVS group through my campus placement, I have to sign a 3 months bond. However, I left the firm serving for 1.5 months as I got the call from ISRO, where employment bond is a term unheard of. I gave notice period of 5 days and broke the bond. Considering my relation and rapport with the managers and the contribution to the TVS company, they did not take any action against me. They were very nice people. In ISRO, at any point of time, employees can leave the organisation giving 1 month notice period -for all legal formalities to be performed. This is actually the best part of Central govt. organisation where there is no tension of signing and consequently, honouring the bond.
In my personal opinion, I think that organisation should look for other ways of attracting and retaining the employees than just by making fledgling sign the bond.