Posting the section 27 of Indian Contract Act for ready ref.....JOB is included in word Trade.
Agreement in restraint of trade void.-Every agreement by which
any one is restrained from exercising a lawful profession, trade or
business of any kind, is to that extent void.
Saving of agreement not to carry on business of which good-will
is sold.-Exception 1.-One who sells the good-will of a business may
agree with the buyer to refrain from carrying on a similar business,
within specified local limits, so long as the buyer, or any person
deriving title to the good-will from him, carries on a like business
therein, provided that such limits appear to the Court reasonable,
regard being had to the nature of the business.
Agreement in restraint of trade void.-Every agreement by which
any one is restrained from exercising a lawful profession, trade or
business of any kind, is to that extent void.
Saving of agreement not to carry on business of which good-will
is sold.-Exception 1.-One who sells the good-will of a business may
agree with the buyer to refrain from carrying on a similar business,
within specified local limits, so long as the buyer, or any person
deriving title to the good-will from him, carries on a like business
therein, provided that such limits appear to the Court reasonable,
regard being had to the nature of the business.
From India, Mumbai
thanks mr rssharma and marine lawyer...i ll defenetely call u when in need...but can my friend make pressure on company to get releiving letter ...as he will need it for next employment also his resignation stands un accepted till now..how to make it accepted and how to get releiving letter...
From India, Mumbai
From India, Mumbai
Your frnd need to go by the terms n conditions of his/her appointment letters...follow the same.
say One months notice period...serve the notice by hand.
send a scanned copy of personal email ID.
if still no reactions send the reminder request quoting that you have already committed to your next assignment and hence No due certificate plus releiving is required.
Suggestion: Pls don't be agressive+ have faith in urself.
Again.....all of living beings have the right to be self -centeric.
changing a job is no crime.....
From India, Mumbai
say One months notice period...serve the notice by hand.
send a scanned copy of personal email ID.
if still no reactions send the reminder request quoting that you have already committed to your next assignment and hence No due certificate plus releiving is required.
Suggestion: Pls don't be agressive+ have faith in urself.
Again.....all of living beings have the right to be self -centeric.
changing a job is no crime.....
From India, Mumbai
Dear DK, Are the terms and conditions of the bond are mentioned in the mail to your friend. And plz specify whether your friend replied his acceptance for the mail or not. Subbu
From India, Hyderabad
From India, Hyderabad
Dear change agents,
The reply given by Marinelawyer and subsequent putups by him for the queiry is appreciatble. We, people like having no knowledge in law should take suggestions from the leagal people on leagal front.
I personally appreciate Mr.Marinelawyer for his motivation and the clarification provided with his reply for the query.
Keep sending ... keep sharing .. keep learning..
As Change agents, we should not afried of any thing to bring change in minds of both employees as well as MANAGEMENT. Be brave...
Your's
Achari
From India, Mumbai
The reply given by Marinelawyer and subsequent putups by him for the queiry is appreciatble. We, people like having no knowledge in law should take suggestions from the leagal people on leagal front.
I personally appreciate Mr.Marinelawyer for his motivation and the clarification provided with his reply for the query.
Keep sending ... keep sharing .. keep learning..
As Change agents, we should not afried of any thing to bring change in minds of both employees as well as MANAGEMENT. Be brave...
Your's
Achari
From India, Mumbai
I think the best solution is to pay the company and quit. Definitely, if the company has sponsored him for the course, he needs to show his loyalty. No company works for a charity...if the same can be done with mutual understanding..it is better. Once the matter goes to court, definitely the employee will win but his career growth will be affected. The other companies hiring him would not trust him for this deed.
Anup
From India, Mumbai
Anup
From India, Mumbai
THe best solution is to disolve this matter with a mutual understanding. Even though the employee will win the case, his career growth will be affected. Other companies woulkd think twice before hiring him. If the company has spent a considerable amount on his degree, they deserve his service. He should have thought about this before accepting the offer.
Anup
From India, Mumbai
Anup
From India, Mumbai
the person had replied positively to the mails but bond conditiions,amount etc were not mentioned...secondly to mr anup...the person not getting what he deserves and when company not agreeing to pay him accordingly..what could be done...and up to what xtent moral obligation should be carried...morever company knows his situation ..this is why they are threatening for legal action...
From India, Mumbai
From India, Mumbai
saikatdhar this is ur opinion or with some legal ground...how can it be criminal case..let us know...
From India, Mumbai
From India, Mumbai
is possible only in the cases whr the employees intends to divulge/disclose the confi info or biz secrets of the ex-employer.
CBT i.e Criminal Breach of trust can be invoked with or without bond if and only if the person resigning has wrongful intentions.
Marinelawyer
All those who have any legal related questions pls post here or directly on my ID....but do mention citehr on the subject....Thanks
From India, Mumbai
CBT i.e Criminal Breach of trust can be invoked with or without bond if and only if the person resigning has wrongful intentions.
Marinelawyer
All those who have any legal related questions pls post here or directly on my ID....but do mention citehr on the subject....Thanks
From India, Mumbai
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