I have a friend of mine who is binded by Legal Employement Agreement and wants to breach it due to the toxic and bossy work culture. Now as he is senior so company is threatening the same personnel that they would either deposit the cheques or either they would file a fraud case against him.
Now can anyone suggest on how this employee agreement can be made null, as this employee is still in the probation period and yet not confirmed.
From India, Ahmedabad
Now can anyone suggest on how this employee agreement can be made null, as this employee is still in the probation period and yet not confirmed.
From India, Ahmedabad
Hi,
Compelling employee to continue on the grounds of legal agreement in place is not legally right. However as the employee had signed an Agreement with the employer and had submitted security cheques it is advisable to resolve the issue amicably by serving extended notice period or so. Before signing legal agreements / bonds and submitting security cheques one should exercise more caution as to whether they will be able to complete the stipulated period or not..
From India, Madras
952Compelling employee to continue on the grounds of legal agreement in place is not legally right. However as the employee had signed an Agreement with the employer and had submitted security cheques it is advisable to resolve the issue amicably by serving extended notice period or so. Before signing legal agreements / bonds and submitting security cheques one should exercise more caution as to whether they will be able to complete the stipulated period or not..
From India, Madras
You should always give full details or people will give answers by guessing circumstances and you will get a wrong advice.
Employment bond is valid in india only if the employee has received special training by external faculty free of cost. Generally on job training or training by internal faculty is not counted for this purpose. In all other cases the bond is not valid.
In such cases, he can simply walk off. Even in bond cases, abusive behaviour is a ground for cancelling the bond. In which case, he needs to document the same if the matter goes to court.
The problem of the cheque is most simple. Just put a stop pay order at the bank and the cheque can’t be encashed. Since there is a dispute and the cheque was not given in payment of any business transaction, it does not come under sec 138 of NI act. However, take the advice of a lawyer to understand the real picture as we on the forum have limited information on the circumstances
Incidentally, this is not a fraud case and the police will refuse to take a FIR.
From India, Mumbai
Employment bond is valid in india only if the employee has received special training by external faculty free of cost. Generally on job training or training by internal faculty is not counted for this purpose. In all other cases the bond is not valid.
In such cases, he can simply walk off. Even in bond cases, abusive behaviour is a ground for cancelling the bond. In which case, he needs to document the same if the matter goes to court.
The problem of the cheque is most simple. Just put a stop pay order at the bank and the cheque can’t be encashed. Since there is a dispute and the cheque was not given in payment of any business transaction, it does not come under sec 138 of NI act. However, take the advice of a lawyer to understand the real picture as we on the forum have limited information on the circumstances
Incidentally, this is not a fraud case and the police will refuse to take a FIR.
From India, Mumbai
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Employee agreement.doc