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(Guest)

Monetary compensation on not fulfillment of employments

Sir i wish to quit my job. but my company is not letting me do so. in my contract paper it is mentioned that "I am entitled to work for 12 months of tenure including probation period but excluding notice period". There is no such thing mentioned that if I do not fullfill the contract it will attract any monetary compensation. Company is asking for monetary compensation now. I wish to know what should I do now. Am i bound to pay the compensation even though no such clause is mentioned in the bond.



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 9 Replies

MANOJ KUMAR JAIN (LAWYER -JOB )     19 April 2018

"I am entitled to work for 12 months of tenure including probation period but excluding notice period". THIS DOES NOT BOUND YOURSELF TO SERVE FOR ANY CERTAIN PERIOD . IT CAN BE MORE CLARIFIED FROM OTHER CLAUSES OF YOUR APPOINTMENT LETTER .
 


(Guest)
no sir there are no other clauses mentioned that if i do not complete the tenure what kind of compensation will be charged or it will attract any legal actions or not. only one thing is mentioned that if i trade company information to outsiders or my conduct over work is not mentioned then i will be charged an amount of Rs. 1 lac. and it is written that i will carry on my work with full responsibility and efficiently which i have done till date. I got a better job opportunity but my co. does not want to leave me at first they requested me to stay when i said that i do not want to they said the word "entitled" means i have entered into a bond and will have to compulsory work for 12 months. i requested them to terminate my contract. they are asking me for an amount of Rs. 400000 as compensation. this is my salary for the renaming tenure. But my concern is the document i signed does not contain any clause over monetary or legal liabilities. Please help me with your kind suggestions. As I am in grave danger

(Guest)
no sir there are no other clauses mentioned that if i do not complete the tenure what kind of compensation will be charged or it will attract any legal actions or not. only one thing is mentioned that if i trade company information to outsiders or my conduct over work is not mentioned then i will be charged an amount of Rs. 1 lac. and it is written that i will carry on my work with full responsibility and efficiently which i have done till date. I got a better job opportunity but my co. does not want to leave me at first they requested me to stay when i said that i do not want to they said the word "entitled" means i have entered into a bond and will have to compulsory work for 12 months. i requested them to terminate my contract. they are asking me for an amount of Rs. 400000 as compensation. this is my salary for the renaming tenure. But my concern is the document i signed does not contain any clause over monetary or legal liabilities. Please help me with your kind suggestions. As I am in grave danger

MANOJ KUMAR JAIN (LAWYER -JOB )     19 April 2018

FIRST YOU NOTE THAT ITS NOT POSSIBLE FOR ANY ONE TO IMPART OPINION ON PIECE MEAL INFORMATION . HOW EVER , THE MEANING OF "ENTITLED" WORD CAN NOT BE CONSTRUED AS  " LIABLE" / "BOUND"/ "BOND " . YOU NEED TO SEND STRONG LETTER TO THEM FOR THEIR ARBITRARY ACT .   

1 Like

Siddharth Jain   19 April 2018

The Indian Contract Act, 1872 states that any agreement made in restraint of trade and profession is considered void. As per the Bonded Labour (abolition) Act, 1976, bonded labour is outlawed. No person shall be required to stay for a particular tenure at a company out of compulsion.
In the present scenario, you are not boind by any of those provisions, in any are they are void and cannot be enforced. So, you don't have to worry a bit. This can be solved by sending a legal notice to your employer stating your grievance as well as the points of laws applicable in your case.
For any other queries feel free to contact me at isidjain1@gmail.com

(Guest)
thank you so much for the information

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