professional (service) 16 August 2016

Leaving service

Dear Sir, i am in a senior position in corporate sector. However my appointment letter states min 3 years of service, otherwise I have to pay 1 year of CTC to company. THIS POINT was never informed to me when offer was made to join them, and I was surprised when I was made to sign this clause on the day of joining. A close friend has informed me that this clause is not legally tenable since it is not reciprocal. Can you please advice on the matter. The company has not allowed me to pursue higher studies, can I use this ground also to support my case for leaving them.

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5 Replies

Isaac Gabriel (Advocate) 16 August 2016

If u seek guidance why not disclose ur identity. Neverthless, it depends on the terms of ur employment.

Isaac Gabriel (Advocate) 16 August 2016

If u seek guidance why not disclose ur identity. Neverthless, it depends on the terms of ur employment.

Kumar Doab (FIN) 16 August 2016

Reveal your identity.

It is as good as anonymous.

The liquidated damages/penalty inserted in appointment letter =1Y CTC is is lieu of what?

You have posted that you signed under duress.

Kumar Doab (FIN) 16 August 2016

Repeated at:

https://www.lawyersclubindia.com/experts/Leaving-service-612251.asp

jyotirmaya behera (advocate) 16 August 2016

If the agreement is valid that means all the clause are enforceable by the agreement. So before the signature in the agreement you should verify. Here situation is different you have nothing to do and you are governed by the agreement. Which steps you will take that are basically from agreement.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

Mob:- 9132319262