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Help seeker (no)     27 February 2011

Received Summons from court for breaking employment contract

Dear Friends,

 

I need your sincere help regarding breaking employment contract

 

I left my former company in May 2010 with proper resignation but company didn’t accept my resignation because I have executed training bond. I have to work 3 years after finishing my onsite period.

 

 I have gave up all my gratuity, leaves and last month salary to company for compensation but they are asking huge amount of 32,00,000.

 

After one month company has sent me legal notice from lawyer and I have also replied to their notice through my lawyer.

 

After seven months in Feb 2011 I have received one summons from court, saything that I have to come to court to attend this case.

 

Now I am not in India and my parents little worried about this Summons.

 

Please advise me how to proceed with this case

 

How serious this summons from district civil court?

 

Should we appoint lawyer to proceed further?

 

Should I discuss with company again?    

 

How long does it take to hear final decision from court?

 

Company HR also will come to court during case running?

 

I look forward for your valuable replies

 

 

Thank you very much

 

Manju



Learning

 5 Replies

V. VASUDEVAN (LEGAL COUNSEL)     27 February 2011

Please appoint a lawyer and a file an affidavit, defending your case. Set out all the facts incuding the actual training expenses sent by the company and the claimt amount. It is very important that you should contest the matter. However, neither you nor you parents need to worry about this. In a civil matter, the claimant (the company should be provie its claim and it would be decided based on thee proofs they adduce before the court and your counter. Please employ a reputed lawyer to contest your case effectively.

vasudevan

Help seeker (no)     27 February 2011

Dear Sir Vasudeven,

 

I have worked 2 years onsite on real project, and company in india received money for my work. Now they are claiming that they sent me for training so i need to pay back.

I have not attened any training outside company. It is just a join with german people that too all training in German.

What are all the cost they consider for claiming ? really worried to pay such a high amount, when i am getting 45,000/- month salary

I have few documents where company has received money for my work from german company.

 

 

 

V. VASUDEVAN (LEGAL COUNSEL)     28 February 2011

Based on the inputs given by you, you have a very strong defense. However, the whole claims depends on the reply that you file in the court against the plaint. Hence it is crucial that NOT ONLY you engage a laywer, but should actively engage yourself in preparing the defense.  Your lawyer should be able to guide you on what documents that you can demand from the company, during the court proceedings. Best Wishes.

Vasudevan

Help seeker (no)     01 March 2011

 

Dear Mr. Vasudevan,


Thank you very much for your valuable suggestion

We have already discussed with lawyer and he is processing further. In bond they have mentioned 2years I have to work in Germany but In between they called me back to India for 8months. As per agreement I have not worked 2years in Germany. The bond is completely once side.

If the company terminate also I have to pay

If I leave the company also I have to pay.

If there is a medical reason also I have to pay so there is no option to employee.

Bond executed in Rs. 50 paper but it was not registered anywhere. Is it necessary to register in Notary?

The amount mentioned in the bond was Rs. 32,00,000 but the stamp paper used only Rs 50 is this valid ?

In bond paper they have written wrong date of joining and designation, does it help me to fight against to them?

When they say training expenses, What are all cost to be considered?

  

 

 

 

Help seeker (no)     05 March 2011

What are all the training expense can recover legally ?

In my bond below break up give

Air fare                                           =   1,00,000

Accomodation/ Boarding           = 11,98,800

Allowance in abroad                   = 15,98,400

Medical Insurance                       =   3,34,000

-----------------------------------------------------------

              total                                  = 32, 40,000

 

Please advice me


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