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Ni Tin Thakur   08 May 2018

Employment bond breach

sir i have joined a IT COMPANY recently on 10 MARCH.AND NOW I DONT WANT WORK WITH THEM.i have a agreement with the company for 2 year and 3 month.first 3 month is traine and after that software devloper in my contract writeen that i do not leave the company for any reason.if i breach the contract i have to pay 50000 rupees as a training expense and compensation.i have agreement on stamp paper of 100 rupess.plzz help me..or advice...what i can do i have a photo copy of agreement.The company have my original education certificate.in agreement they written that they give stippend of 10000 but i did not get any money and the company did not spend 1rupees to my training he did not train me he just complete his project i mean i have working on company project.so plz advice me in case i leave the comapny without tell them what action they can take? or how i leave my job without pay penalty.i have also family health issues.



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 7 Replies

Siddharth Jain   08 May 2018

Section 27 of the Indian Contracts Act prevents employers from restraining any employee from joining another company.
So, that contract cannot be enforced.
you simoly need to wend a legal notice to your employer stating that that bonds are void as well asking them to pay your pending stipend and relieving letter within 15 days

For any other queries feel free to contact me at isidjain1@gmail.com

Ni Tin Thakur   08 May 2018

thanx sir in my agreement there is a Notice i have to give one month notice period before leaving...should i give that to before leave

Siddharth Jain   08 May 2018

Please share a copy of the agreement on the email address mentioned above. Regards.
1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 May 2018

Two weeks notice is a common courtesy extended to an employer, so they can get started on hiring and transferring responsibilities. But because a manager's work tends to involve responsibilities that range from personnel and customer issues to budgeting, two weeks is usually not enough time. It isn't a simple matter to transfer their duties to someone while searching for a replacement.

The more responsibility you have, or if you are a "key person," the more notice you should give. For managerial jobs and above, the notice could be as long as a month to six weeks.

Kumar Doab (FIN)     08 May 2018

Same Query;

https://www.lawyersclubindia.com/forum/Breach-Employment-Agreement-Penalty-176748.asp

https://www.lawyersclubindia.com/forum/BREACH-EMPLOYMENT-AGREEMENT-PENALTY-176748.asp

Pls continue in one thread only and now preferably in which you have posted details.

Impressions have already been shared with you..

Also post the reply of the person/lawyer with whom you have shared your documents by email?

Confirm, if you have any irrefutable evidence (audio/visual/witnessed/minuted etc etc ) of having submitted the original testimonials on demand of the company and company not issuing the acknowledgment.

Kumar Doab (FIN)     08 May 2018

There are many IT/ITeS employees/employees/trade unions that help the employees…

Have you contacted anyone and what is response on their support to you!

 

https://pblabour.gov.in/

https://pblabour.gov.in/LicenceDescripttions/Details/5

The Punjab Shops and Commercial Establishments Act, 1958;22,23

https://pblabour.gov.in/Content/documents/pdf/acts_rules/punjab_shops_and_commercial_establishments_act_1958.pdf

https://hrylabour.gov.in/staticdocs/labourActpdfdocs/The_Punjab_Shops_and_Commercial_Establishments_Act_and_Rules.pdf

The state of Punjab and Haryana follows the same Act/Rules..

Get latest version of The Punjab Shops and Commercial Establishments Act, The Punjab Shops and Commercial Establishments Rules

The ID Act does not lay down any notice period for employee…

The employee can take benefit of any enactment that is beneficial for employee….

Respond to the points that are not responded by you.

Kumar Doab (FIN)     08 May 2018

Take help of elders of the family, competent and experienced well wishers, seasoned IT/ITeS employees/employees/trade union leaders, your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP to draft as per facts of the matter and proceed in best of your interest.. ….and counter other side.

Check at LOCAL Labor court/CGIT, School-Educational Tribunal, CAT, Civil courts, HC,SC…..

Or even with your family counsel known to elders of your family at your native place…

In future emphasize that NO employee should blindly fall for campus placement and submit original testimonials and sign Bond and must inquire well in advance and consult one and al as already posted….

If you wish to attach any document erase all names/logo/address etc to maintain the confidentilality.


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