Employee Bond

Introduction 
A ‘bond’ is probably the most talked about and hated word among employees today. Not a day goes by without hearing a complaint from an employee about an ‘unfair’ bond in his / her contract.
So what exactly is a bond?
A bond is simply a clause in the employment contract. It is a clause that compels the employee to serve the employer for a specific period of time. It is this element of compulsion that creates most of the problems. People enter into employment contracts because they need the job and are willing to overlook the lock-in period, and then when they find a better opportunity, they realize that they are stuck and try to extricate themselves. And that road invariably ends at a lawyer’s door.
So the big question – is a ‘bond’ legal?
The answer to that question is a clear yes. A bond is legal and a company is entitled to include the clause in the contracts it signs with employees. However, having said that, there are some limitations on the bond which can be incorporated into the contract.
Very long bond periods
A bond has to be for a reasonable period of time. A very long bond period is definitely going to be struck down by a Court of law, and the company will be the loser. The only way to justify such a bond period is to show that there is a huge investment in the employee, which can be recovered by the company only if the employee serves those many years with the company (for example, an eight year bond period will need a very convincing set of reasons to win the approval of the Court).
Reasonable bond periods
Normally, a bond period of 1-2 years should be tolerated by a Court provided there is some investment by the Company in the employee. The usual practice in SaaS companies we interact with at vakilsearch.com is to bring in employees first without the necessary skills and then train the employee and equip him / her with those skills. In such cases, which are most common, a bond period of 1-2 years is acceptable. Please note that if the employee decides to challenge the bond in Court, you will have to show the actual expenses you incurred, so keep a clear record of the expenses (with written proof).
What about manufacturing companies which have a very short training period, or where the employee is a very junior position, where there is minimal training imparted?
Here, justifying a bond period is very difficult. In any event, for a junior employee, enforcing a bond is more costly than finding a new employee, so just don’t include any bond period in the contract at all.
In the next part…
We shall continue our discussion of a ‘bond’ in the next part. Specifically, we shall look at some decided cases on this issue, and how start-ups can make use of this in their contracts. To conclude this part, remember that merely getting the signature of the employee on a contract with a high bond period is not going to help you much, because the Courts will never enforce it. A bond period which is fair to both you and the employee should be the one you include in the employment contract.

If an instrument which is required to be executed on a Stamp Paper and remains un-stamped,it will not be acceptable in evidence.However, it can be legalised by paying the penalty as well as the apprpriate stamp duty.
Employment Bond in India is generally treated as a one sided contract and hence not enforecable through court of law unless it was executed to recover any reasonable actual losses suffered by the employer.Such contract subject to certain exceptions is treated as void under section 27 of the Contract Act.It is also violative of Article 19 of our Constitution,which guarantees freedom of practising any profession or to do any trade,business or profession to every citizen of India.
In view of the above,Bond executed on a non-stamp paper has no legal validity and further, even if it was valid,your employer could not recover anything more than the actual reasonable loss suffered by them.Therefore, they have no right to claim any compensation from you for pre-mature termination of contract.If they creat any problem in releaseing you or settling your dues, please serve a legal notice upon them.However, please take all actions in the matter in consultation with a service lawyer to protect your interest.

for more check this:

http://www.lawteacher.net/employment-law/essays/employment-bond-enforceable-or-unenforceable.php

Another Nirbhaya

The story of Nirbhaya shook the collective conscience of the nation. But a similar gory incident — of an 11-year-old from Sikar in Rajasthan, who is battling for life at a hospital in Jaipur after a brutal gangrape — is yet to be told.

Six persons had abducted the girl on August 20 last year from a bus stand in Sikar town. They raped and thrashed her mercilessly before dumping her on the outskirts of the town. Her private parts, say doctors looking after her, had been so brutally vandalized that she had to undergo six major surgeries and eight minor surgical procedures. Even now, her condition is critical.

Doctors recall that when she was brought to JK Lon hospital in Jaipur from Sikar on August 22, they were appalled to see the barbaric manner in which she had been violated. She had a complete perineal tear — there was no partition of muscles left between her vagina and rectum. Surgeons had to use a portion of her large intestine to create a new rectum as well as a colostomy surgery for creating an alternative channel for fecal passage. “In the last four-and-a-half months, we have tried our best to help her. Her condition had shocked each one of us,” says Dr LD Agarwal, who led the team of surgeons that performed the surgeries.

The girl, who is from Darbhanga in Bihar, is reportedly the youngest of seven children (six sisters and one brother). She came to Sikar with her mother after her father died. They were hoping that their relatives in Sikar would help them get work.

Now, after the incident, doctors say, the girl has virtually stopped reacting. “In the beginning, she was scared of injections but now she doesn’t react to anything. Her physical and mental ability is worsening gradually,” says a family member.

Despite the brazenness and brutality of the incident, what has shocked many is the apathy of the police. Till the day after the incident, family members allege, the police were refusing to even register a case. It was only because of pressure from locals who took out a protest march that the case was registered. Bihar chief minister Nitish Kumar also spoke to his Rajasthan counterpartAshok Gehlot after which the administration swung into action.

Even though six people were arrested, two have already been granted bail as the police had allegedly booked them under milder sections of IPC. Her relatives say that the rapists are politically well-connected and that the police is going soft on them. They also allege that the actual culprits are still at large.

 

Find company is Fake or Real?? Registered company

With so many people now unemployed. there are more scammers out there than ever. It’s unfortunate that unscrupulous people try to prey on those who are looking for jobs, specially fresher.

Now, you can easily get to know, company is registered or not..

  • click here to open the site of Ministry of Corporate Affairs.
  • Enter the name of company.

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  • If the company is not registered you will get a Pop-up like

 

  • or pop up

 

 

  • if company is registered by the Govt. of India then you will get following data

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Maha Kumbh

It is described that while Durvasa Muni was passing on the road, he saw Indra on the back of his elephant and was pleased to offer Indra a garland from his own neck. Indra, however, being too puffed up, took the garland, and without respect for Durvasa Muni, he placed it on the trunk of his carrier elephant. The elephant, being an animal, could not understand the value of the garland, and thus the elephant threw the garland between its legs and smashed it. Seeing this insulting behavior, Durvasa Muni immediately cursed Indra to be poverty-stricken, bereft of all material opulence. Thus the demigods, afflicted on one side by the fighting demons and on the other by the curse of Durvasa Muni, lost all the material opulence’s in the three worlds.

churning ocean

Lord Indra, Varuna and the other demigods, seeing their lives in such a state, consulted among themselves, but they could not find any solution. Then all the demigods assembled and went together to the peak of Sumeru Mountain. There, in the assembly of Lord Brahma, they fell down to offer Lord Brahma their obeisances, and then they informed him of all the incidents that had taken place.

Upon seeing that the demigods were bereft of all influence and strength and that the three worlds were consequently devoid of auspiciousness, and upon seeing that the demigods were in an awkward position whereas all the demons were flourishing, Lord Brahma, who is above all the demigods and who is most powerful, concentrated his mind on the Supreme Personality of Godhead. Thus being encouraged, he became bright-faced and spoke to the demigods as follows.

Lord Brahma said: I, Lord Siva, all of you demigods, the demons, the living entities born of perspiration, the living beings born of eggs, the trees and plants sprouting from the earth, and the living entities born from embryos—all come from the Supreme Lord, from His incarnation of rajo-guna [Lord Brahma, the guna-avatara] and from the great sages [rsis] who are part of me. Let us therefore go to the Supreme Lord and take shelter of His lotus feet.

For the Supreme Personality of Godhead there is no one to be killed, no one to be protected, no one to be neglected and no one to be worshiped. Nonetheless, for the sake of creation, maintenance and annihilation according to time, He accepts different forms as incarnations either in the mode of goodness, the mode of passion or the mode of ignorance.

Kumbh-Mela-Allahabad

After Lord Brahma finished speaking to the demigods, he took them with him to the abode of the Supreme Personality of Godhead, which is beyond this material world. The Lord’s abode is on an island called Svetadvipa, which is situated in the ocean of milk.

The Supreme Personality of Godhead directly and indirectly knows how everything, including the living force, mind and intelligence, is working under His control. He is the illuminator of everything and has no ignorance. He does not have a material body subject to the reactions of previous activities, and He is free from the ignorance of partiality and materialistic education. I therefore take shelter of the lotus feet of the Supreme Lord, who is eternal, all-pervading and as great as the sky and who appears with six opulence’s in three yugas [Satya, Tretä and Dväpara].

neelkanthWhen offered prayers by Lord Siva and Lord Brahms, the Supreme Personality of Godhead Lord Visu was pleased. Thus He gave appropriate instructions to all the demigods. The Supreme Personality of Godhead, who is known as Ajita, unconquerable, advised the demigods to make a peace proposal to the demons, so that after formulating a truce, the demigods and demons could churn the ocean (samudra manthan) of milk. The rope would be the biggest serpent, known as Vasuki, and the churning rod would be Mandara Mountain. Poison would also be produced from the churning, but it would be taken by Lord Siva, and so there would be no need to fear it. Many other attractive things would be generated by the churning, but the Lord warned the demigods not to be captivated by such things. Nor should the demigods be angry if there were some disturbances. After advising the demigods in this way, the Lord disappeared from the scene.

One of the item come from the churning of ocean of milk  was nectar which will give strength to demigods. For twelve days and twelve nights (equivalent to twelve human years) the gods and demons fought in the sky for possession of this pot of Amrita. From this nectar some drops spills at Allahabad, Haridwar, Ujjain and Nashik while they were fighting for nectar . So on earth we celebrate this festival to get the pious credits and meet the purpose of life that is going to back to godhead  our eternal home where our father is waiting for us. This is opportunity we get after associating with saints or holy man who follow scriptures.

Kumbh mela provides us this great opportunity to purify our soul by bathing in holy river and serving saints.

kumbh allahabad

 

saint

14IN_KM_SANGAM_DIP_1330624h

 

I’m your puppet sir

Fake boss

well I’m working for an IT company and today I’m going to share some of very hilarious and idiotic things about my boss 😛

  1. My company is a sole proprietorship business, as a sole proprietor you don’t have to make any legal documents to begin your business except of course to get compliance and permission from local administration.
  2. But my highly qualified IITian boss is so dumb that he don’t even know the organizational structure properly. He is threatening  everyone by using by word “HR“. HR order that, he said so 😛 HR forcing me(boss) to take some action otherwise he will sue me(owner)… DAFUk 😛 (ROFL) how can HR sue the owner for not obeying his words hahhah.
  3. Even my so called HR is bullying my boss:( POOR SOUL 😛 HR to Boss- you hiring fake employees( omg 😮 i thought HR is reponsible for hiring and firing :P) and making money by claiming the salary of fake employee (huhh 😛 Mr. Owner are you seriously educated or not???? how can owner claim the fake salary idiot?? He is the only person who gives the salary/wages to his/her employees including to HR 😛 from his profit and loss account)
  4. By the way let me tell you.. there is no HR in my company, my boss itself is HR. 😛
  5. Even we don’t have marketing head, my boss (ceo of this company) is marketing head and using different name if somebody is asking the name of marketing head..( dick head, this is forgery) Even he is accessing all the important Id’s like marketing,info,sales,hr and id with fake employee name.
  6. Today was our review meeting..as you for review meeting is conduct my hr of the organisation bt where is the fucking HR??? ooh.. he solve this critical too very smartly, he bring his wife(as an HR)..bullying-prayer1
  7. CEO message– “Due to some disciplinary and change over issues, no body including me received  salaries on time for the month of December.” LOL  Owner alone enjoys the benefits or profits of the business and he alone bears the losses, Owner get profit not salary Dumb head.
  8. well, I know i m an idiot, but office is good,company is growing too but working environment sucks.
  9. at last boss is always right 😛 but i dnt wanna part of this puppet show anymore:P I QUIT!!!!!!!

Image

 

I’m not your toy boys: Stop Raping girls

566142_282324178557647_253622436_nw hat going on India????Every morning  I found my self floundering for a cherishing and happening news but all i found

  • 7-year-old girl raped in school toilet in Goa
  • Teenaged student raped at knife point in Delhi
  • Woman from Karnataka sold for Rs.1 lakh in Delhi, raped by buyer

this is really very upsetting firing in LoC, soldier beheaded, economy crises  and most important this rape cases. Is India is really a country of rapist???

Well according to me, there are two kinds of people who commit such extra ordinary odious act : genetically predisposed and the influenced.After the Delhi gang rape case i expecting reduction in crime rate or at least deduction in rape cases.But the whole protest thing will fizzle out in few days just the way the anti-corruption movement fizzled out a couple of months back.

Reasons

rape1. The outrage is mostly limited to middle class. Indian middle class has a very short collective memory. These people are emotional and get emotionally high quickly but then get back to normal even quickly. They have consistently voted for the same corrupt and anti-national political party since independence despite their horrible performance.

2. Lack of an ideology. The current protests are purely emotional . They are not based on some wider ideology. They are not clear what exactly they want.im not a toy boysssssss

But what is wrong with government and law makers???? Where they are ?? what they are doing??? what are the solutions of this rape crises????images

Random thought of demented mind..

we were born in an overpopulated country with severe resource constraints and a mostly dysfunctional government. we tend to be undisciplined, impolite and discourteous. we never seem to follow queues. And Yes, we tend to find “Jugad”

  1. Traffic: wrong lane, wrong side, traffic light ignorance, speed violations, drunken driving – there are no official figures
  2. Real estate: black money, illegal construction, encroachment of public and private property
  3. Behavior: rowdy with women, relieving on the roadside in the open, spitting chewed beetel (paan)
  4. drugs: overdose,taking weeds in younger age, smoking
  5. abuse: women are not safe, domestic violence,dowry,rape,eve teasing,molestation
  6. crazy competition: job, education, even for marriages too.
  7. poor: in hygiene, literacy,food supply, electricity. We struggle to get them.
  8. overcrowded bus or a train, no place to live.
  9. brain drain, pollution, deforestation
  10. We are a country with good aggregate and pathetic per capita numbers.
  11. how i forget to include our corrupt politicians, they are good for nothing

We need to fight to survive. Struggle to exist. Most Indian people also have ‘chalta he’  (‘let it be’) attitude. A lot of people moan about these things but nobody is really doing anything. Till when we will sit hand folded??