I was working in a school before a week. 5 days I resigned, and I gave the reason that my mother-in-law is not well. I told them I will pay one month's salary. At first, the Chairman agreed, but now he says I will be relieved on one condition - I must not work anywhere else this year.
Can the Chairman threaten a lady like that? If I work, can he take action?
From India, Bengaluru
Can the Chairman threaten a lady like that? If I work, can he take action?
From India, Bengaluru
He cannot say so. This is not a valid clause. If there was no contract between you and the school while joining, or if there is a contract but there is no minimum employment period, then he cannot impose any restrictions on you. Please specify what the clauses of the contract are, if there are any.
He cannot impose restrictions that are not there in the contract itself. So, you are not bound by any such limitations. See the website below for more.
From India, Kolkata
180He cannot impose restrictions that are not there in the contract itself. So, you are not bound by any such limitations. See the website below for more.
From India, Kolkata
The clause is that we are supposed to give a month's notice or one month's salary which I am drawing. I am ready to pay one month's salary. He says he will be behind me and has very good contacts in the city, so if I work anywhere, I will be in trouble.
From India, Bengaluru
From India, Bengaluru
I have not signed any bond but signed in the appointment letter which the clause says above I have written.
From India, Bengaluru
From India, Bengaluru
Dear Ms. Jyothi,
The Chairman is not convinced with your reasons for leaving the organization. He thinks that you are leaving to join elsewhere. The solution is to either convince him by showing various documents relating to your mother-in-law's illness or leave the department, taking the risk. If the case relates to Bengaluru, the city is so big that nobody has the capacity to keep surveillance on one person in such a large city.
BS Kalsi, Member since August 2011
From India, Mumbai
The Chairman is not convinced with your reasons for leaving the organization. He thinks that you are leaving to join elsewhere. The solution is to either convince him by showing various documents relating to your mother-in-law's illness or leave the department, taking the risk. If the case relates to Bengaluru, the city is so big that nobody has the capacity to keep surveillance on one person in such a large city.
BS Kalsi, Member since August 2011
From India, Mumbai
Continuance of paid employment under the same employer or elsewhere is a matter of personal choice as well as discretion of the employee concerned. Therefore, restrictions, if any, imposed by the employer in order to reduce attrition by way of notice or payment of notice salary in lieu thereof, facilitate finding a suitable substitute and to recover the cost of training, if any, incurred in the event of the trained employee's failure to fulfill the stipulated minimum post-training service should be reasonable as well as justifiable. When these conditions are fulfilled by the outgoing employee with the due approval of the employer, formally or informally, the employer cannot impose fresh conditions like the ones mentioned in the posts.
Paid employment cannot be converted into a system of slavery suiting the whims and fancies of any arrogant employer.
From India, Salem
Paid employment cannot be converted into a system of slavery suiting the whims and fancies of any arrogant employer.
From India, Salem
The clause is written that I cannot go for an interview or join a new job without any information, which is subject to law. What should I do for my living? I am not interested in working in the previous institution as the workload is more. If I work in the same city, will I be in trouble.
From India, Bengaluru
From India, Bengaluru
Such a clause, even if written and accepted by you earlier, is illegal. It is violative of article 19(1)(g) of the Constitution of India. So, don’t bother about it unnecessarily.
From India, Salem
From India, Salem
I think the chairman is just trying to threaten you for not leaving the job, as you have already paid him one month's salary. Nowadays, no one is that free to act like this. There are many unemployed individuals in the nation, so don't worry. Be relaxed, first take care of your mother-in-law, and then proceed.
From India, Ahmedabad
From India, Ahmedabad
The chairman’s threats amount to a criminal offense. You can take the stand that such repeated threats place you in a critical position with no option than to set the law in motion.
From India, Kochi
From India, Kochi
Dear Jyoti,
There is no need to pay any heed to your employer's so-called threats. What Umakanthan writes is okay. It is your sole prerogative to choose the job you like. While it is most likely that whatever he threatens is only because he wants you in the job (in his school); you should make it a point to tell him face to face that you will resort to legal proceedings against him if he continues to trouble you in the future.
In my opinion, you should join and enjoy your new job without any fear.
Regards,
Arun Dixit
9420 69 6660
020 2437 6185
There is no need to pay any heed to your employer's so-called threats. What Umakanthan writes is okay. It is your sole prerogative to choose the job you like. While it is most likely that whatever he threatens is only because he wants you in the job (in his school); you should make it a point to tell him face to face that you will resort to legal proceedings against him if he continues to trouble you in the future.
In my opinion, you should join and enjoy your new job without any fear.
Regards,
Arun Dixit
9420 69 6660
020 2437 6185
Dear Jyoti,
When you face situations like this in your life, your exaggeration of the unethical influence likely to be wielded by your adversary and undermining of your own potentialities and the opportunities for positive chances and choices to get over such difficult situations will naturally dishearten you. So, you have to shed off such unfounded fears first and think logically. Everyone, including any prospective employer, would understand that such post-termination conditions of employment are legally untenable and would rightly infer that they are mere ploys only to retain the most wanted and efficient employees. Therefore, go ahead confidently!
From India, Salem
When you face situations like this in your life, your exaggeration of the unethical influence likely to be wielded by your adversary and undermining of your own potentialities and the opportunities for positive chances and choices to get over such difficult situations will naturally dishearten you. So, you have to shed off such unfounded fears first and think logically. Everyone, including any prospective employer, would understand that such post-termination conditions of employment are legally untenable and would rightly infer that they are mere ploys only to retain the most wanted and efficient employees. Therefore, go ahead confidently!
From India, Salem
I have not yet paid the salary, but I will pay. I went to school and handed the documents which were with me, but they are not telling me about the salary or when to give. Whose name should I give after giving the documents? The vice principal gave me in writing that she had received all the documents except one, which I have to provide after correcting the papers on a piece of paper without the school's name, only with her signature. I am worried that they may say I have not submitted, but my other colleagues were present.
From India, Bengaluru
From India, Bengaluru
I have not yet given the salary because they are not clear. The chairman was not present when I had gone. I submitted the rest of my documents for that. The vice principal acknowledged in a piece of paper without the school name, only with her signature. But my colleagues were there. Is it valid or should I ask for valid acknowledgment? They may create a problem. They are not telling clearly whose name I have to produce the check. As the chairman was not present when I had gone, sincerely I submitted all the documents.
From India, Bengaluru
From India, Bengaluru
He threatened me, stating that on one condition, he will relieve me - that I must not work anywhere this academic year. After that, he has not spoken to me nor picked up my calls. I'm sure he is up to something. I have a lot of contacts. If you join anywhere, you will be in trouble. He said the other day, "I have got a good job with facilities. Can anyone hold any individual like that? Will he inform those people or pull me to court? I'm a simple person. I got this good offer, and I joined. There are many people around my house with his big buckets. How should I handle the matter?
From India, Bengaluru
From India, Bengaluru
I have not yet given Sal. He is not clear yesterday. I went and submitted all the documents, but the Vice Principal did not give me an authentic acknowledgment. She wrote it on a piece of paper with her signature without the school name.
From India, Bengaluru
From India, Bengaluru
They are not clearly stating in whose name the check has to be given. How to solve this matter and end up honestly. I have given all the documents he has. He has not spoken to me; he was not there yesterday but the other day when he spoke, he said he will relieve on one condition - that I must not work anywhere this academic year.
In the appointment order, he has specified that without prior permission, we must not give interviews or join any job. On that basis, he is stating that if we have signed the appointment order, he can take action against me. Or is it only valid if it is signed in the bond?
From India, Bengaluru
In the appointment order, he has specified that without prior permission, we must not give interviews or join any job. On that basis, he is stating that if we have signed the appointment order, he can take action against me. Or is it only valid if it is signed in the bond?
From India, Bengaluru
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Small Factories (Regulation of Employment & Condition of services) Bill 2014 - DRAFT (1).pdf