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Megha (Asst manager)     16 June 2016

Fail to survive notice period

hi,

I came to US on h1b visa. In india i had to sign a contract with my company on 100 rupee stamp paper that if i will resign in US i will have to pay $ 10,000. I resigned and joined a new company in US itself. Is that contract legally binding on me?

 

thanks

 



Learning

 9 Replies

G.L.N. Prasad (Retired employee.)     16 June 2016

An agreement or commitment has to be honored both in law and ethically.  It is left to the institution as to whether to follow up for demand of compensation or not, and certainly they do not casually  excuse such violation , as it may become a precedent, defeating the very purpose of deputing employees in future.


(Guest)

Sir,

I dont think so they will be able to succeed in enforcing the contract. Law says bonds are not enforceeable in India.To enforce the bonds the company has to show how they have invested in the employee to impart special skills to him. The facts may differ from case to case and it is to be seen as to how courts will see to your case if it reaches there.

Regards,
Rit Arora
Advocate
7838737001

Kumar Doab (FIN)     16 June 2016

You need to show the entire document and facts sorounding it to an able counsel specializing in such matters for a considered opinion.

The agreement was created in lieu of what extar ordinary favor to employee;It may matter!

G.L.N. Prasad (Retired employee.)     16 June 2016

The matter of deputing any employee abroad is itself sufficient to establish the employer view point, as they might have spent good amounts  Much depends on facts of the case.

Kumar Doab (FIN)     16 June 2016

The deputation, transfer are part of service conditions.

Employee does not have to bear the expenses to relocate at the new location of deputation/transfer.

 

You may show all communications, before, while ,after deputation and regarding signing of contract.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 June 2016

Laws are abide by every one Both the side should follow terms & condituins

Kumar Doab (FIN)     16 June 2016

You may show all communications on record to a very able counsel and understand all options and merits in each option.

 

 

 

P. Venu (Advocate)     16 June 2016

The contract is not enforceable unless the compnay had spent  in imparting any special training to you.

Kumar Doab (FIN)     16 June 2016

The author may now post full facts/documents for further discussion.


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