I have a friend who is bound by a Legal Employment Agreement and wants to breach it due to the toxic and bossy work culture. As he is a senior, the company is threatening to either deposit the checks or file a fraud case against him.
Can anyone suggest how this employment agreement can be made null, considering the employee is still in the probation period and has not been confirmed yet?
From India, Ahmedabad
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Can anyone suggest how this employment agreement can be made null, considering the employee is still in the probation period and has not been confirmed yet?
From India, Ahmedabad
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Hi,
Compelling an employee to continue based on a legal agreement in place is not legally right. However, since the employee has signed an agreement with the employer and submitted security cheques, it is advisable to resolve the issue amicably by serving an extended notice period or similar arrangement. Before signing legal agreements/bonds and submitting security cheques, individuals should exercise caution regarding whether they will be able to fulfill the stipulated period or not.
From India, Madras
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1153Compelling an employee to continue based on a legal agreement in place is not legally right. However, since the employee has signed an agreement with the employer and submitted security cheques, it is advisable to resolve the issue amicably by serving an extended notice period or similar arrangement. Before signing legal agreements/bonds and submitting security cheques, individuals should exercise caution regarding whether they will be able to fulfill the stipulated period or not.
From India, Madras
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You should always provide full details, or people will give answers by guessing circumstances, and you will receive incorrect advice.
Employment bonds are valid in India only if the employee has received special training from an external faculty free of cost. Generally, on-the-job training or training by internal faculty is not considered for this purpose. In all other cases, the bond is not valid.
In such instances, the employee can simply walk away. Even in bond-related situations, abusive behavior is grounds for canceling the bond. In such a scenario, documentation is necessary if the matter escalates to court.
Dealing with a bounced cheque is fairly straightforward. Simply place a stop payment order at the bank, and the cheque cannot be encashed. Since there is a dispute, and the cheque was not issued in payment of any business transaction, it does not fall under section 138 of the Negotiable Instruments Act. However, it is advised to seek the guidance of a lawyer to fully comprehend the situation as forum members have limited information about the circumstances.
It's important to note that this is not a fraud case, and the police will likely refuse to file a First Information Report (FIR).
From India, Mumbai
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Employment bonds are valid in India only if the employee has received special training from an external faculty free of cost. Generally, on-the-job training or training by internal faculty is not considered for this purpose. In all other cases, the bond is not valid.
In such instances, the employee can simply walk away. Even in bond-related situations, abusive behavior is grounds for canceling the bond. In such a scenario, documentation is necessary if the matter escalates to court.
Dealing with a bounced cheque is fairly straightforward. Simply place a stop payment order at the bank, and the cheque cannot be encashed. Since there is a dispute, and the cheque was not issued in payment of any business transaction, it does not fall under section 138 of the Negotiable Instruments Act. However, it is advised to seek the guidance of a lawyer to fully comprehend the situation as forum members have limited information about the circumstances.
It's important to note that this is not a fraud case, and the police will likely refuse to file a First Information Report (FIR).
From India, Mumbai
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Employee agreement.doc