Hello Gaurav,
I have gone through the link you provided on this issue in which you and Tajsateesh analyzed the problem from a practical standpoint and worked out the cost-benefit ratio of a "choice" or options to be exercised in such situations. Good analysis.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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1979I have gone through the link you provided on this issue in which you and Tajsateesh analyzed the problem from a practical standpoint and worked out the cost-benefit ratio of a "choice" or options to be exercised in such situations. Good analysis.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Hi Verma,
If I am not wrong, either party can terminate the contract WITHOUT NOTICE during the probation, isn't it correct?? If this remains as a clause, why does he need to worry? Moreover, I don't think an agreement/bond signed on a company letterhead is legally valid.
Kulu, You still have the situation in your favor... and may approach the Labour Department. Of course, you should estimate the time and effort investment in doing so. I guess you should immediately approach the HR and submit a formal resignation within the probation period. That might help you in some other way.
From United Arab Emirates, Dubai
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If I am not wrong, either party can terminate the contract WITHOUT NOTICE during the probation, isn't it correct?? If this remains as a clause, why does he need to worry? Moreover, I don't think an agreement/bond signed on a company letterhead is legally valid.
Kulu, You still have the situation in your favor... and may approach the Labour Department. Of course, you should estimate the time and effort investment in doing so. I guess you should immediately approach the HR and submit a formal resignation within the probation period. That might help you in some other way.
From United Arab Emirates, Dubai
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When your appointment and agreement were in writing, how do you feel that without any recordable document (resignation notice), the company would be obliged to presume that you intended to leave the company at your own will? As of now, you can claim that the company forced you to sign the bond. Why wouldn't you be expected later to take the employer to court by stating that you were dismissed without resigning?
The formality of a resignation letter should have been observed by the employee. If a company provides employment to someone, it is their moral responsibility to adhere to the norms and ethics of employment and not to leave the job abruptly at their own discretion without fulfilling the conditions and formalities of resignation. The way you have left the company may harm your career, as no company would provide you with an experience certificate. If you mention the experience of such companies in your CV, background verification by your new employer would reveal the facts, which could significantly impact your service.
From India, Delhi
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The formality of a resignation letter should have been observed by the employee. If a company provides employment to someone, it is their moral responsibility to adhere to the norms and ethics of employment and not to leave the job abruptly at their own discretion without fulfilling the conditions and formalities of resignation. The way you have left the company may harm your career, as no company would provide you with an experience certificate. If you mention the experience of such companies in your CV, background verification by your new employer would reveal the facts, which could significantly impact your service.
From India, Delhi
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Dear Kulu,
Nothing to worry about. Please forward the email you received and the agreement to the labor court. No employer or company has the right to coerce any employee. An agreement is valid only if it is made freely and is mutually beneficial to both parties. Kindly ask the employer not to issue such threats again; otherwise, legal action will be taken against him. The agreement you signed is completely null and void with no legitimate validity. You can consult with any practicing lawyer regarding this matter.
Thanks,
Bhumi
Dear Bhumi,
Do you believe that Mr. Kulu can prove that the agreement was signed under coercion if he signed it before joining his duty? Also, do you think that any employment should be treated as a testing ground or a transit camp for just 20-22 days, allowing an employee to switch jobs at will without adhering to any ethics or terms of employment, and even without submitting a resignation before being absent from work?
From India, Delhi
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Nothing to worry about. Please forward the email you received and the agreement to the labor court. No employer or company has the right to coerce any employee. An agreement is valid only if it is made freely and is mutually beneficial to both parties. Kindly ask the employer not to issue such threats again; otherwise, legal action will be taken against him. The agreement you signed is completely null and void with no legitimate validity. You can consult with any practicing lawyer regarding this matter.
Thanks,
Bhumi
Dear Bhumi,
Do you believe that Mr. Kulu can prove that the agreement was signed under coercion if he signed it before joining his duty? Also, do you think that any employment should be treated as a testing ground or a transit camp for just 20-22 days, allowing an employee to switch jobs at will without adhering to any ethics or terms of employment, and even without submitting a resignation before being absent from work?
From India, Delhi
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Dear all,
Thank you for your responses. Just to inform you all that after that email, I didn't receive any notice from that organization. It seems they wanted to instill a bit of fear in their employees with their policies.
Thanks and stay healthy.
Wishing you all a happy new year and [Merry Christmas](http://www.homeharmonizing.com/2012/12/05/8-eccentric-christmas-decorations/)
From India, Delhi
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Thank you for your responses. Just to inform you all that after that email, I didn't receive any notice from that organization. It seems they wanted to instill a bit of fear in their employees with their policies.
Thanks and stay healthy.
Wishing you all a happy new year and [Merry Christmas](http://www.homeharmonizing.com/2012/12/05/8-eccentric-christmas-decorations/)
From India, Delhi
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