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ARTICLE · 16 APRIL 2021

Employment Bond And Damages

This article examines the following scenario of employment law in India, which has been a subject matter of discussion and debate amongst the stake holders and the legal practitioners...

IndiaEmployment and HR
  1. This article examines the following scenario of employment law in India, which has been a subject matter of discussion and debate amongst the stake holders and the legal practitioners:
    • Is an 'employment bond', which provides for reimbursement of training expenses, if the employee were to leave the employment prior to the expiry of the agreed period, legally valid and binding?
    • In case of breach of contract by the employee, is the employer entitled to claim damages / liquidated damages?
  1. Section 27 of the Indian Contract Act, 1872 (the "Act") is relevant in this context. This Section reads as under:

"27. Every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void."

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