So l am a doctor who joined a clinic.
The contract stated compulsory training for 45 days (with salary and in a different city) minimum commitment of two years, notice period of 3 months plus Rs. 2 lakh for breach of contract tenure.
I resigned before completing training and did not join work location.
Now they are threatening me to pay huge amount for breach of contract (for money spent on training that I never completed)or face legal action. Kindly advise how to proceed.
And any labour lawyer who can help me fight legally.
From India, Kolkata
The contract stated compulsory training for 45 days (with salary and in a different city) minimum commitment of two years, notice period of 3 months plus Rs. 2 lakh for breach of contract tenure.
I resigned before completing training and did not join work location.
Now they are threatening me to pay huge amount for breach of contract (for money spent on training that I never completed)or face legal action. Kindly advise how to proceed.
And any labour lawyer who can help me fight legally.
From India, Kolkata
Hi,
Have you signed any Agreement (stamp paper) or just contract of employment appointment ?
You being a Doctor what type of training was imparted to you ?
Your Employer need to prove the amount incurred by them towards your training and also the projected loss due to your abrupt absence from work. In the absence of some Training Agreement in place chances of your employer moving legally will be remote chance.
By the by why you had resigned without serving 3 months notice period.
From India, Madras
941Have you signed any Agreement (stamp paper) or just contract of employment appointment ?
You being a Doctor what type of training was imparted to you ?
Your Employer need to prove the amount incurred by them towards your training and also the projected loss due to your abrupt absence from work. In the absence of some Training Agreement in place chances of your employer moving legally will be remote chance.
By the by why you had resigned without serving 3 months notice period.
From India, Madras
Thank you for your kind reply Sir.
Clarification to your queries -
1. No stamp paper. Only regular paper as offer letter.
2. I am a dermatologist and already trained in all procedures. I have written proof that I informed them of the same, but they insisted that I get trained as per their protocols. Nothing new was taught to me. Everything then taught I already knew and already performing for last 8 years. Plus they did not train for all procedures. For example they trained in 5 out of 10 procedures, and said rest of the procedures will be trained at a later date. This was no where mentioned while signing the contract. And I needed to be certified by their personal doctor that I was doing them properly before being allowed to do by myself in their Kolkata clinic.
3. I resigned because even though I was asking them for permission to allow me to join work at the clinic, they refused saying my training is not complete and I am not certified. They repeatedly asked me to come back to HO which I refused. And since I am refusing to go and get trained as per their whims and fancies they are threatening me with legal action.
What should I do in such a situation?
From India, Kolkata
Clarification to your queries -
1. No stamp paper. Only regular paper as offer letter.
2. I am a dermatologist and already trained in all procedures. I have written proof that I informed them of the same, but they insisted that I get trained as per their protocols. Nothing new was taught to me. Everything then taught I already knew and already performing for last 8 years. Plus they did not train for all procedures. For example they trained in 5 out of 10 procedures, and said rest of the procedures will be trained at a later date. This was no where mentioned while signing the contract. And I needed to be certified by their personal doctor that I was doing them properly before being allowed to do by myself in their Kolkata clinic.
3. I resigned because even though I was asking them for permission to allow me to join work at the clinic, they refused saying my training is not complete and I am not certified. They repeatedly asked me to come back to HO which I refused. And since I am refusing to go and get trained as per their whims and fancies they are threatening me with legal action.
What should I do in such a situation?
From India, Kolkata
Hi,
I can offer some general guidance that might help you in this situation. It's important to consult with a legal professional to get advice tailored to your specific circumstances.
Review the Employment Contract:
Examine your employment contract thoroughly. Pay attention to any clauses related to training, certification, termination, or obligations on both parties. This will help you understand the terms you agreed to and what actions may be taken by either party in case of a dispute.
Document Everything:
Ensure you have documented evidence of all communication with your employer, especially regarding your prior experience, the training you received, and your attempts to seek permission to work in the clinic. This documentation may include emails, letters, or any written communication.
Consult with a Lawyer:
Seek advice from a lawyer who can assess the specifics of your case. They can provide legal counsel based on labour laws in your jurisdiction. Share all relevant documents and details with them to get accurate advice tailored to your situation.
Respond to Legal Threats:
If your employer is threatening legal action, it's crucial to respond appropriately. Your lawyer can guide you on the best course of action. Ignoring legal threats may not be in your best interest, and a well-drafted response can help protect your rights.
Consider Mediation:
Depending on your jurisdiction and the nature of the dispute, mediation could be an option. Mediation involves a neutral third party facilitating a resolution between you and your employer outside of court. This can sometimes be a quicker and less expensive way to resolve conflicts.
Maintain Professionalism:
Throughout this process, maintain a professional demeanor. Avoid any actions that could negatively impact your case, such as making public statements that could be used against you.
Seek Support:
If you are part of any professional associations, reach out to them for guidance or support. They may have resources or networks that can assist you., it's essential to consult with a legal professional who can provide advice based on the specific details of your case.
Thanks
From India, Bangalore
I can offer some general guidance that might help you in this situation. It's important to consult with a legal professional to get advice tailored to your specific circumstances.
Review the Employment Contract:
Examine your employment contract thoroughly. Pay attention to any clauses related to training, certification, termination, or obligations on both parties. This will help you understand the terms you agreed to and what actions may be taken by either party in case of a dispute.
Document Everything:
Ensure you have documented evidence of all communication with your employer, especially regarding your prior experience, the training you received, and your attempts to seek permission to work in the clinic. This documentation may include emails, letters, or any written communication.
Consult with a Lawyer:
Seek advice from a lawyer who can assess the specifics of your case. They can provide legal counsel based on labour laws in your jurisdiction. Share all relevant documents and details with them to get accurate advice tailored to your situation.
Respond to Legal Threats:
If your employer is threatening legal action, it's crucial to respond appropriately. Your lawyer can guide you on the best course of action. Ignoring legal threats may not be in your best interest, and a well-drafted response can help protect your rights.
Consider Mediation:
Depending on your jurisdiction and the nature of the dispute, mediation could be an option. Mediation involves a neutral third party facilitating a resolution between you and your employer outside of court. This can sometimes be a quicker and less expensive way to resolve conflicts.
Maintain Professionalism:
Throughout this process, maintain a professional demeanor. Avoid any actions that could negatively impact your case, such as making public statements that could be used against you.
Seek Support:
If you are part of any professional associations, reach out to them for guidance or support. They may have resources or networks that can assist you., it's essential to consult with a legal professional who can provide advice based on the specific details of your case.
Thanks
From India, Bangalore
Hi,
Noted. In the absence of stamp paper still it will be construed as breach of contract terms mutually agreed between two parties.
By the term procedure I'm not sure what you mean but hope it something like Cryosurgery, Topical chemotherapy which are used by
Dermatologists. As part of learning those procedures you might had used some machines which were procured by your Employer which they will present as cost incurred towards your training. Most they will try to scare you by serving warning letters through Registered Post as Civil Court process will be time consuming.
Also you may not be able to show this experience in your profile as during Background verification your ex-employer obviously share negative feedback.
In the absence of some agreement signed in stamp paper / security cheques there wont be any major issue.
From India, Madras
Noted. In the absence of stamp paper still it will be construed as breach of contract terms mutually agreed between two parties.
By the term procedure I'm not sure what you mean but hope it something like Cryosurgery, Topical chemotherapy which are used by
Dermatologists. As part of learning those procedures you might had used some machines which were procured by your Employer which they will present as cost incurred towards your training. Most they will try to scare you by serving warning letters through Registered Post as Civil Court process will be time consuming.
Also you may not be able to show this experience in your profile as during Background verification your ex-employer obviously share negative feedback.
In the absence of some agreement signed in stamp paper / security cheques there wont be any major issue.
From India, Madras
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Madras HC on PF on training period of junior officers.pdf
Period of training shall be counted for the calculation of gratuity-HIGH COURT JUDGMENT.doc