I accepted an agreement with my education institution for five years. In which salary is mentioned only for one year. Later it can revised. Due to health problem, i resigned my job completing only four months. Suffering from spinal cord compression. They are asking for a compensation of all the four months salary. They didn't give me any training. Before signing the agreement, i already worked there for two years. They have not provided the copy of agreement, appoint order or id card is not given. If i go legally how much compensation i have to pay. I received a experience certificate from them signed by principal, but not by management. My salary is 33,000 per month. I am from karnataka.
From India, Bengaluru
From India, Bengaluru
See your problem is legally complex, so let us progress step by step :-
1) Spinal Cord Problem :- Is this so bad that you had no other way but to leave ? if yes. Then you have to pay nothing. The service of a teacher is a personal service. Meaning services that no other can provide on your behalf. So if you are facing a unforeseen problem that makes this impossible for performance. The contract become void due to supervening impossibility.
2) No appointment letter:- This means "no appointment". A contract of employment without letter of appointment is non existing but only in case where appointment letter is mentioned in the agreement.
3) Legal Damages :- The Indian Contract Act prescribes "Reasonable Damage". In my opinion if your health does not permit the court will award them minimal damage and nothing exorbitant.
See the website below for your legal rights. If they have not fulfilled them then it can also be used against them.
From India, Kolkata
1801) Spinal Cord Problem :- Is this so bad that you had no other way but to leave ? if yes. Then you have to pay nothing. The service of a teacher is a personal service. Meaning services that no other can provide on your behalf. So if you are facing a unforeseen problem that makes this impossible for performance. The contract become void due to supervening impossibility.
2) No appointment letter:- This means "no appointment". A contract of employment without letter of appointment is non existing but only in case where appointment letter is mentioned in the agreement.
3) Legal Damages :- The Indian Contract Act prescribes "Reasonable Damage". In my opinion if your health does not permit the court will award them minimal damage and nothing exorbitant.
See the website below for your legal rights. If they have not fulfilled them then it can also be used against them.
From India, Kolkata
you can file a complaint in the consumer court as legally you dont stand a chance in the labour court as teacher is not a workman within the scope of the IDA. if appointment letter is not given what is the agreement you are talking about? If there is no agreement then there is no contract, its void.
From India, Mumbai
From India, Mumbai
Can experience certificate can be considered as releaving letter. Where the last day of working is mentioned in it.
From India, Bengaluru
From India, Bengaluru
Since the agreement is for 5 years, it implies that probably it is a fixed term contract of employment for a period of 5 continuous years of service. At the same time there is no mention in the post about the job/post held by the poster and the termination clause of the contract before the expiry of the period of the fixed term, if any, at the option of either of the parties.
Irrespective of the reason for exit or its justifiability, the poster resigned the job just after the completion of 4 months giving rise to a claim for compensation by the management. But, the claim is exactly the four months salary received by the poster seems to be odd and leads to the inference that the foreclosure of the contract at the instance of the poster would entail refund of the entire salary received by him. Any inference to the effect that such a claim is based on the contract would be untenable as it would render the entire contract unenforceable due to unconscionability.
Any further opinion, therefore, depends only upon the disclosure of the particular clause of exit before the expiry of the term of the contract.
From India, Salem
Irrespective of the reason for exit or its justifiability, the poster resigned the job just after the completion of 4 months giving rise to a claim for compensation by the management. But, the claim is exactly the four months salary received by the poster seems to be odd and leads to the inference that the foreclosure of the contract at the instance of the poster would entail refund of the entire salary received by him. Any inference to the effect that such a claim is based on the contract would be untenable as it would render the entire contract unenforceable due to unconscionability.
Any further opinion, therefore, depends only upon the disclosure of the particular clause of exit before the expiry of the term of the contract.
From India, Salem
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