Hello, I have a 60-day notice period and a 1-year bond with a company. It was a night shift company, so I left after 10 months and informed them that I couldn't continue. I do not require a relieving letter because my new company has indicated that it is not necessary; they just need someone quickly. However, the previous company is threatening legal action. My current company has no issues with my decision. The previous company is threatening to accuse me of data theft. Should I be concerned? Please help!
From India, Mohali
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From India, Mohali
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There are two distinct things involved in the immediate unilateral exit of the current employment by the employee mentioned in the post. One is the compulsory service of one year by the employee as per the bond executed by him or the legal obligation to pay a certain sum as liquidated damages in lieu thereof for breach of the bond by him. The other one is giving a 60-day notice before resignation by unilateral termination of the contract of employment and serving the notice period or buy-out of it subject to the discretion of the employer. If the employee does not fulfill these two conditions, the employer is at liberty to refuse to accept his resignation and formally relieve him.
Of course, the justifiability of the bond depends on the time and money invested by the employer to impart any training to the employee soon after his appointment and the amount of liquidated damages claimed about which no mention in the post. Whether the prospective employer as well as the poster himself is concerned about the poster's formal relief from the present employment or not, it can still be treated as dual employment by the present employer, and the poster is prone to disciplinary action against this which can spoil his future employment on the whole. The threat of action against alleged data theft may cause pain to the poster and loss to the employer if successfully pursued by him.
From India, Salem
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6108Of course, the justifiability of the bond depends on the time and money invested by the employer to impart any training to the employee soon after his appointment and the amount of liquidated damages claimed about which no mention in the post. Whether the prospective employer as well as the poster himself is concerned about the poster's formal relief from the present employment or not, it can still be treated as dual employment by the present employer, and the poster is prone to disciplinary action against this which can spoil his future employment on the whole. The threat of action against alleged data theft may cause pain to the poster and loss to the employer if successfully pursued by him.
From India, Salem
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Employment is deemed a "contract" between two or more mutually and voluntarily consenting adults per India Contracts Act 1872, hence "obligatory" and "enforceable" on the contracting parties. Any breach of the agreed-to terms of the contract will call for corrective actions; failing which may lead to enforced obedience by the non-conforming party/signatory.
Whether you were "employed on probation" is a relevant factor. In case you were still on a probationary period, you could "call it quit" without a notice period, as has been the settled practice/precedent in employment on probation cases.
If you were already "confirmed" at the end of the prescribed probationary period or the probationary period was "shortened," as it were at the behest of the employer and thereby you became a "permanent employee against a permanent position/post," and a revised set of company's rules applied to you, namely "giving notice period" as prescribed in the confirmation letter, you were obliged to serve the notice period irrespective of inconveniences mentioned by you. It is self-evident from your post that you did not exercise any discretion when you hastily decided to report for duties in another establishment without getting properly relieved from the establishment you were/are employed on their muster-roll, which amounts to "dual employment," which in itself is an unlawful act on your part, hence null and void, attracting thereby remedial legal action including punishment and penalties.
In the circumstances, it is surely "a matter of concern" for you. As far as threatening of legal action against you is concerned, your current employer (as referred to by you) may be charged with "illegal poaching" as commonly understood.
It is expedient, therefore, that you revert to your first employer, requesting them to gracefully "amicably" settle the pending matter and "relieve" you of your duties/employment, properly including discharging you from their muster-roll, formally/officially closing the somewhat bitter disposition as it were.
Kritarth Team, Bengaluru Service Office
16 Feb 2019
From India, Delhi
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Whether you were "employed on probation" is a relevant factor. In case you were still on a probationary period, you could "call it quit" without a notice period, as has been the settled practice/precedent in employment on probation cases.
If you were already "confirmed" at the end of the prescribed probationary period or the probationary period was "shortened," as it were at the behest of the employer and thereby you became a "permanent employee against a permanent position/post," and a revised set of company's rules applied to you, namely "giving notice period" as prescribed in the confirmation letter, you were obliged to serve the notice period irrespective of inconveniences mentioned by you. It is self-evident from your post that you did not exercise any discretion when you hastily decided to report for duties in another establishment without getting properly relieved from the establishment you were/are employed on their muster-roll, which amounts to "dual employment," which in itself is an unlawful act on your part, hence null and void, attracting thereby remedial legal action including punishment and penalties.
In the circumstances, it is surely "a matter of concern" for you. As far as threatening of legal action against you is concerned, your current employer (as referred to by you) may be charged with "illegal poaching" as commonly understood.
It is expedient, therefore, that you revert to your first employer, requesting them to gracefully "amicably" settle the pending matter and "relieve" you of your duties/employment, properly including discharging you from their muster-roll, formally/officially closing the somewhat bitter disposition as it were.
Kritarth Team, Bengaluru Service Office
16 Feb 2019
From India, Delhi
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Legal Notice for Breach of Notice Period .docx
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