Murthy 28 September 2021

employees liability coaching centre

can a coaching institute sue its employee for breach of terms of employment and seek compensation if so which court ?

Quick Summary

This discussion explores whether a coaching centre can legally pursue an employee who resigned early and refused to pay a penalty as per their employment agreement. While a civil court is the usual route, the chances of success are considered slim. The advice suggests focusing on business operations rather than potentially costly legal battles, especially if multiple employees have left, which might indicate underlying issues with the employer's practices.

5 Replies

Dr. J C Vashista (Advocate ) 29 September 2021

State all relevant facts of the problem/ dispute for consideration and obligation, unlike an examination.

P. Venu (Advocate) 29 September 2021

Yes, you have not posted material facts.

Murthy 29 September 2021

Mr.P is running a coaching centre and has employed teachers(employees) to teach the students.As per the offer letter the employee had to teach atleast one academic year and 3 months notice before resignation or liable to pay penalty.The employee has left after 5 months without notice for personal reasons and denying to pay penalty and not agreeing to complete one year of teaching as per agreement. What court shd the employer approach legal notice already sent

P. Venu (Advocate) 05 November 2021

The employer can approach a civil court. But the chances of getting a favourable decree is rather remote.

Sudhir Kumar, Advocate (Advocate) 20 November 2021

The action will entail waste of time and energy and can result in divertion of attention from main business.

Such action can also be courter productive. Whne a larger no of employess (atleast appearing from your descripttion) leave then it goes without saying that the employer was unfair and not following labour laws.

For further guidance please indicate the highest number of employees (inclduing contract/ part time/ daily wager / outsources / picerated) you were having on any one day.