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(Guest)

Employment service bond

Hi,

I have joined a company and I needed to sign a bond for 1 year. After 1 month, due to some health issues, I couldn't continue in the job anymore. I have attached a copy ( a part) of the offer letter. 

Kindly go through the files and let me know if they could take any action against me.

https://www.lawyersclubindia.com/editor_upload/321427_20150810181149_6642091920150810_171535.jpg

https://www.lawyersclubindia.com/editor_upload/321427_20150810181518_6642091920150810_180456.jpg

Thanks.



Learning

 3 Replies

Kumar Doab (FIN)     10 August 2015

 

You have consented by your free will. The company can claim that you can not rescind the contract signed by your own free will.

 

If you are sick you can always apply for sick leave and take benefit of mediclaim/group insurance/ESIC etc provided for by the company. The employer has not terminated you due to sickness. The employer has not asked you to resign due to sickness.

 

It is mentioned that the employment ‘at will’ by the employer.

 

This is inserted to indicate that the employer is reserving the right to end the services as and when it pleases.

 

Indian Law does not concur with ‘At Will’ in case of personnel that are covered by the def. of ‘Employee’, ‘Workman’.

There is also a clause on Arbitration at Hyderabad.

The ground for service agreement is stated as Training!

Has any training been provided that added to your qualification?

The company seems to be in AP.

The Andhra Pradesh Shops and Commercial establishments Act is o employee friendly and there are many employees’ unions/trade unions that have done good job for employees.

 

You should consult an able Labor law Consultant/Service Matters Lawyer/Law Firm; show all documents on record and given inputs in person. The lawyer that has examined all docs and inputs can advise you the best.


(Guest)

Hi Kumar,

Thanks for your respone.

There's no special training provided for me because I'm already aware of the content of the job from my previous job. The training was harldy for 2 days. Though they didn't put me live on work, I used to work saying that I'm still in training.

It is said that "employment at will" but it is beyond 12 months and even after 12 months I'm supposed to provide a notice period of 8 weeks if not i'm supposed to pay the amount. 

Could you suggest something on this?

Kumar Doab (FIN)     14 August 2015

Employment 'At Will' is for employer implying employer can terminate but as per contract in your hands employee can't without notice..................

In India such contracts may not be enforceable.

You should consult an able Labor law Consultant/Service Matters Lawyer/Law Firm; show all documents on record and given inputs in person. The lawyer that has examined all docs and inputs can advise you the best.


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