Service agreement
pranav
(Querist) 08 February 2012
This query is : Resolved
Hello All,
Need your expert Help. My offer letter from my company has wordings like "if you are sent abroad for training, then you must enter into a service agreemt of 2 yrs or pay 3 lakhs" . I had NOT signed this physically and had asked the HR via email to explain the details .However I was told that it is not important and I joined the company after I sent acceptance of the offer via email. Later I was sent abroad for training with no seperate agreement signed. Also I have not recieved any appointment order. Now I have served about 1 yr in the company and I am geeting good offer from another company.
I would like to know , without a signed paper , will this employement bond hold good? Will it be taken for granted that I have accepted the bond because i joined the company and have been receiving salary. Kindly let me know your valuable opinion. There was almost no trg that i recieved when I was abroad. It was deemed as on the job while i was actually working
ajay sethi
(Expert) 08 February 2012
onceyou have accepted the offer letter it amounts to contract . the company has sent you aborad for training and must have incurred expenditure on you . it is for said reason that you are required to serve for 2 years .
you can inform the company that you desire to resign . you have not signed any bond . it is better to leave amicably . if company insists that you have to serve another year as per terms of your offer letter do so . you must always maintain relations with your ex employers . you do have argubale case on merits and if compnay files legal case against you it can be contended that no bond was executed
Deepak Nair
(Expert) 08 February 2012
Even though there was no bond signed, you have accepted the terms and conditions of the agreement by accepting the offer letter. Not having a bond is surely a strong defence for you.
adv. rajeev ( rajoo )
(Expert) 08 February 2012
Acceptance of an offer by the co., shows that you have agreed the terms and conditions. If there is any breach it amounts to breach of contract. Co., may initiate legal proceedings against you.
M/s. Y-not legal services
(Expert) 08 February 2012
its 50:50 case..
your company can initiate legal proceedings., even you can defense it..
-tom-
Shailesh Kr. Shah
(Expert) 09 February 2012
As you told that "I sent acceptance of the offer via email."
It means you are in contract. Now, Rest is know very well.
prabhakar singh
(Expert) 09 February 2012
I would not like to give you escapes.Not only employers but employees are also problems as i could experience here.
