I have given an undertaking to my present employer to work for 3 years and I am still on probation (probation period is 2 yrs). I have completed 1 year and 10 months.
I submitted my resignation and the employer has not accepted the same and will not give me the releiving letter.
Will it be illegal if I join the new employer after the current employer rejects my resignation?
How seriously legal is the undertaking I have given?
From India, Bangalore
I submitted my resignation and the employer has not accepted the same and will not give me the releiving letter.
Will it be illegal if I join the new employer after the current employer rejects my resignation?
How seriously legal is the undertaking I have given?
From India, Bangalore
Hi Pnm,
Your Bond/undertaking tries to secure the employment of the new employee for a minimum period of 3 years. In law, this agreement is void under Section 27 of the Indian Contract Act. You cannot restrain the employee from leaving the job unless the employee was a trainee and the Company had spent a large amount of money upon his training.
Also, the agreement cannot be close ended and only be in favour of the company alone.
lastly, what are the exit clauses provided ?
Would you please e-mail or pm( private message) the copy of the agreement before we further comment.
Regards,
Rajat
From India, Pune
101Your Bond/undertaking tries to secure the employment of the new employee for a minimum period of 3 years. In law, this agreement is void under Section 27 of the Indian Contract Act. You cannot restrain the employee from leaving the job unless the employee was a trainee and the Company had spent a large amount of money upon his training.
Also, the agreement cannot be close ended and only be in favour of the company alone.
lastly, what are the exit clauses provided ?
Would you please e-mail or pm( private message) the copy of the agreement before we further comment.
Regards,
Rajat
From India, Pune
....
There was no exit clause at all in my appointment order.
The undertaking was..
I will not take up any other work without the consent of management.
I hereby undertake to serve the organization for the next three years.
(My signature)
Thats all.
(I have now left that job and taken up another. I also sent a letter saying that I would not be working from such and such a date.)
Now they have sent a registered letter home saying that they have not relieved me and that i must report to duty immediately failing which they may take action.
What action can they take?
From India, Bangalore
There was no exit clause at all in my appointment order.
The undertaking was..
I will not take up any other work without the consent of management.
I hereby undertake to serve the organization for the next three years.
(My signature)
Thats all.
(I have now left that job and taken up another. I also sent a letter saying that I would not be working from such and such a date.)
Now they have sent a registered letter home saying that they have not relieved me and that i must report to duty immediately failing which they may take action.
What action can they take?
From India, Bangalore
Hi Pnm,
was the undertaking was on a stamp paper ?..guess not looking at the nature of the statement.
So, don;t worry they can't do much besides sending you such letters :) ..
Morever as i mentioned earlier..Your Bond/undertaking tries to secure the employment of the new employee for a minimum period of 3 years. In law, this agreement is void under Section 27 of the Indian Contract Act. You cannot restrain the employee from leaving the job unless the employee was a trainee and the Company had spent a large amount of money upon his training.
Since there was no training costs involved nor there is mention of exit clause in terms of payment of costs etc..hence this is just one sided agreement ..infringement on the right to employment.
Just to be safer side..speak to company personnel and hint that you would consult a lawyer on harassment. It works..
Sorry , couldn't respond during the day..as i don;t get the time to check the site..
Regards,
Rajat Joshi
From India, Pune
was the undertaking was on a stamp paper ?..guess not looking at the nature of the statement.
So, don;t worry they can't do much besides sending you such letters :) ..
Morever as i mentioned earlier..Your Bond/undertaking tries to secure the employment of the new employee for a minimum period of 3 years. In law, this agreement is void under Section 27 of the Indian Contract Act. You cannot restrain the employee from leaving the job unless the employee was a trainee and the Company had spent a large amount of money upon his training.
Since there was no training costs involved nor there is mention of exit clause in terms of payment of costs etc..hence this is just one sided agreement ..infringement on the right to employment.
Just to be safer side..speak to company personnel and hint that you would consult a lawyer on harassment. It works..
Sorry , couldn't respond during the day..as i don;t get the time to check the site..
Regards,
Rajat Joshi
From India, Pune
THANK YOU VERY MUCH. Its really big worry off my shoulders to have been told the legalities. My salary has been withheld for the last month. How do i recover it? Thanks once again poornachandra
From India, Bangalore
From India, Bangalore
Pnm,
Its rather unfortunate and it was expected as thats all they could..
What i suggest is that you contact a lawyer to send them a notice..on this issue..
Also, if you contact in the media..it would help..if not let me give you a suggestion rather an innovative one ..it works!..ask your friend esp a girl who is confident n smart to call up the HR department as a reporter and enquire about this issue.
Let me know the results.. :D
Cheers,
Rajat
From India, Pune
Its rather unfortunate and it was expected as thats all they could..
What i suggest is that you contact a lawyer to send them a notice..on this issue..
Also, if you contact in the media..it would help..if not let me give you a suggestion rather an innovative one ..it works!..ask your friend esp a girl who is confident n smart to call up the HR department as a reporter and enquire about this issue.
Let me know the results.. :D
Cheers,
Rajat
From India, Pune
An employer cannot with hold the salary of an employee for the period he had worked. If in written you had taken up any responsibility or any article of the company, you would be responsible to hand over it back. The salary could be recovered by sending a registered letter to the employer asking to clear it. If that not works then you can take up leagl path
Kenny
From India, Coimbatore
Kenny
From India, Coimbatore
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