I am working in a hospital in Jaipur (rajasthan) (non medical post) from past 2.5 months. My probation period is for 6 months and my offer letter says that if i wish to resign from my job i will have to serve a notice period of 1 month. I am also a temporary employee and on ad hoc basis. The offer letter asks me to be here for a minimum period of 2 years. Does section 27 of indian Contract Act applies on such bonds?
u have to go by ur service rules, if they insists for one month notice, give them and quit.if ur offer letter is clear on that donot try to violate. i donot think this matter comes under contract act, if at all u have signed contract with them for a specific purpose or specific time.
The terms and the conditions in the contract have to be complied with. You are necessarily required to either serve notice of resignation and continue in employment till the period is over, or pay the amount in lieu of notice. The condition to serve till particular period, or else the employee will have to pay the bond money may or may not be justified. If the employer has undertaken an expenditure to train its employees before the actual appointment, the employer is justified in asking for to comply with the terms incorporated in the bond. But, not otherwise.