I never told anyone to believe my version. But what you are suggesting to a member is misleading. Pon
From India, Lucknow
616From India, Lucknow
Dear All, Yes Mr. Pon is right, Please read carfully Industrial Dispute Act than think… if you are not confirmed about this please don’t misguide. Thank, Regards, J.N.Modi
From India, New Delhi
From India, New Delhi
Dear Sikydv,
If the terms of appointment speak about a notice period, then you are bound to give it. Please check whether the notice period condition is applicable after your confirmation. What is your current status, are you on probation or confirmed? The notice period condition applies accordingly, and the payment should be made accordingly.
S.G. Krishnan
From India, Chandigarh
If the terms of appointment speak about a notice period, then you are bound to give it. Please check whether the notice period condition is applicable after your confirmation. What is your current status, are you on probation or confirmed? The notice period condition applies accordingly, and the payment should be made accordingly.
S.G. Krishnan
From India, Chandigarh
Dear seniors, If any terms of the contract of employment are against the basic law, can it admissible or enforceable? like bounded employment. regard karamjit
From India, Chandigarh
From India, Chandigarh
Hi,
Every company clearly mentions its rules in the appointment letter, and the appointed person is obligated to follow these rules as they have signed the document. Some companies include hidden points in the appointment letter, so it's important to review your appointment letter for any such points. Otherwise, there is no basis for taking action against you.
With regards,
Kavita Kapoor
From India, Delhi
Every company clearly mentions its rules in the appointment letter, and the appointed person is obligated to follow these rules as they have signed the document. Some companies include hidden points in the appointment letter, so it's important to review your appointment letter for any such points. Otherwise, there is no basis for taking action against you.
With regards,
Kavita Kapoor
From India, Delhi
I think the answer is somewhere in the middle, but I'm more inclined to what Clifford says.
In the contractual sense, if there is a contract and one party breaks it, then the other/innocent party is technically liable to receive compensation. However, the key question is: has the company suffered any damage that can be calculated in monetary terms? If so, what action has the company taken - if any - to minimize the monetary damage they say they have suffered? For example, were there people who covered the work you would have done, and were these people paid any more money for doing so?
If the company took any court action, then any court would want to know what any monetary loss was and what actions the company took to minimize them. I suspect the main problem here is that the company feels let down because you didn't give the contractual notice period and want some kind of revenge.
From United Kingdom, London
In the contractual sense, if there is a contract and one party breaks it, then the other/innocent party is technically liable to receive compensation. However, the key question is: has the company suffered any damage that can be calculated in monetary terms? If so, what action has the company taken - if any - to minimize the monetary damage they say they have suffered? For example, were there people who covered the work you would have done, and were these people paid any more money for doing so?
If the company took any court action, then any court would want to know what any monetary loss was and what actions the company took to minimize them. I suspect the main problem here is that the company feels let down because you didn't give the contractual notice period and want some kind of revenge.
From United Kingdom, London
If you signed and accepted the terms and conditions of the appointment order, you have to accept it. At the same time, the terms and conditions should not violate any legal provisions. If they do, you can challenge them before a court of law.
You can send a notice to your employer asking how they can demand one lakh rupees and if it is acceptable for them if you are willing to pay for the notice period. Nowadays, many companies are not following healthy exit procedures. :-)
At the same time, one should not trouble their previous company by not working the notice period. You may have valid reasons for it. Try to solve the issue amicably or else seek legal opinion and proceed further.
First, go and meet your previous employer to discuss the issue.
Much regards,
Nagarjuna Kandimalla
9885403060
From India, Hyderabad
You can send a notice to your employer asking how they can demand one lakh rupees and if it is acceptable for them if you are willing to pay for the notice period. Nowadays, many companies are not following healthy exit procedures. :-)
At the same time, one should not trouble their previous company by not working the notice period. You may have valid reasons for it. Try to solve the issue amicably or else seek legal opinion and proceed further.
First, go and meet your previous employer to discuss the issue.
Much regards,
Nagarjuna Kandimalla
9885403060
From India, Hyderabad
Hi,
In my opinion, if the process of exit was not followed in accordance with the company rules and the terms mentioned in the appointment letter, then the company, as per its policies, can go legal. Also, remember that the company can go to any extreme to recover its losses.
On the contrary, it is also true that you can justify your stance for leaving the job without notice. Wherein, if the company, as per its policies and under legal grounds, can take appropriate decisions. You are, therefore, requested to approach your lawyer to resolve your problems and clear yourself.
Thanks and regards,
Bijay
From India, Vadodara
In my opinion, if the process of exit was not followed in accordance with the company rules and the terms mentioned in the appointment letter, then the company, as per its policies, can go legal. Also, remember that the company can go to any extreme to recover its losses.
On the contrary, it is also true that you can justify your stance for leaving the job without notice. Wherein, if the company, as per its policies and under legal grounds, can take appropriate decisions. You are, therefore, requested to approach your lawyer to resolve your problems and clear yourself.
Thanks and regards,
Bijay
From India, Vadodara
Don't worry, all they can do is not provide you with the relieving letter and F&F compensation. You can still have your PF transferred or withdraw it. Bonded labor is not allowed in India, so no issues...
From India, Bangalore
From India, Bangalore
Dear Friends,
I am working in a PSU since 1993. During induction, it was explained to us that in India, as per a Supreme Court judgment, a bond is illegal concerning employment as it is one-sided. Most probably, abolition of bonded labor and Article 19 or something like that. I don't remember exactly. Also, Article 368 of the IPC is applicable if your company holds your documents/letter or threatens any legal suit. Any complaint against the company invites exemplary penalties on directors/owners. They assured us fair treatment and no obstruction to those wanting to leave.
Regarding the notice period, it is a balanced contract, and you must serve or pay for the notice period.
A bond for serving a minimum period due to training imparted/personality development is enforceable if your training is provided by a third party or you are sent to a personal grooming school, management school at the company's expense. On-the-job training and training in the company's training center cannot be an excuse for this type of bond.
All these are your legal rights, but in practice, because employees are weaker than employers, we adjust and compromise. For example, your background verification can be tampered with or your previous boss may change jobs and join as your current boss. You can only make an informed decision.
Prem
From India, Mumbai
I am working in a PSU since 1993. During induction, it was explained to us that in India, as per a Supreme Court judgment, a bond is illegal concerning employment as it is one-sided. Most probably, abolition of bonded labor and Article 19 or something like that. I don't remember exactly. Also, Article 368 of the IPC is applicable if your company holds your documents/letter or threatens any legal suit. Any complaint against the company invites exemplary penalties on directors/owners. They assured us fair treatment and no obstruction to those wanting to leave.
Regarding the notice period, it is a balanced contract, and you must serve or pay for the notice period.
A bond for serving a minimum period due to training imparted/personality development is enforceable if your training is provided by a third party or you are sent to a personal grooming school, management school at the company's expense. On-the-job training and training in the company's training center cannot be an excuse for this type of bond.
All these are your legal rights, but in practice, because employees are weaker than employers, we adjust and compromise. For example, your background verification can be tampered with or your previous boss may change jobs and join as your current boss. You can only make an informed decision.
Prem
From India, Mumbai
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