Agreement for employment

Querist : Anonymous (Querist) 03 May 2023 This query is : Resolved
Dear Sir/Madam,

One of our employee wrote 2years agreement for employment but he wanted to quit his job in the middle of agreement , and does not given any notice period also,but in agreement we clearly mentioned you have to serve 2 months notice period after completion of agreement but he doesn't agree, so company invested so much training expenses on him, now employer what to do , can we take legal action on him as per agreement, so please advise on this.thanks and regards

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Quick Summary

An employee has broken a 2-year employment agreement by quitting early and failing to provide the agreed-upon two months' notice. The employer has incurred significant training expenses and is seeking advice on whether legal action can be taken. Experts confirm that legal action is possible to recover compensation for the notice period and potentially training costs, either by withholding final settlement or filing a suit for recovery.

T. Kalaiselvan, Advocate (Expert) 04 May 2023
The employer can take legal action against the employee for recovery of the notice period compensation amount.It an withhold the F&F settlement and can instruct the employee to return the expenses incurred towards imparting training to him, at least proportionately.
The employer is entitled to initiate proper legal action as per the terms and conditions of the employment offer letter

Advocate Bhartesh goyal (Expert) 04 May 2023
Yes, both employee an employer are abide by terms and conditions of agreement.If anyone of them breach the terms and conditions of agreement then other party has righ to proceed for legal action. You may issue legal notice to employee and demand amount of two months salary as compensation and expenses incurred towards imparting training and in case of non compliance of notice may file suit for recovery of amount mentioned in notice against employee.

Dr J C Vashista (Expert) 05 May 2023
Well analysed, opined and advised by experts, I fully agree.
Terms and conditions of appointment shall govern the subject.
The employee has to refund the notice period amount.
It is better to consult and engage a local prudent lawyer for proper advise and necessary proceedings

P. Venu (Expert) 05 May 2023
Yes, the employer can enforce Notice period. However, agreement as to the minimum period of employment is not easy to be enforced.

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