marinelawyer@hotmail.com
I think basic thing that one look for while employing someone is the competance...loyalty will take a back seat even for you if you are offered double the salary by some reputed company?????????.
Let us makes the facts right and think from positive aspects....our growth in our hands...work hard and be loyal till the time you have not put -in ur papers.
with no hard feeling
Marine

From India, Mumbai
Brandon 69
4

All the company can do is file a case aginst the person.
I personally am not aware of a single such case which any Company has won in a court of law in India, even where the employee has 'breached' the so called 'bond' which is on stamp paper..........and here its a case of e-mails..........
I would say: Relax.
Peace,
Brandon

From India, Calcutta
tsivasankaran
368

Dear friend
Who is exploiting whoim here!!!
The company offers sposoring your friend and your friend agrees.
If they have not offered, he might not have joined.
Company will spend money on your friends education and in return will ask for continuos employment for four years which is very much legal in India. You were misguided on the legality of this issue.
Your friend can resign but definitely has to repay the entire cost of the programme.
As regards payment of compensation of two years salary, it is questionable. But definitely some compensation is payable. If the Company engages a good advocate, they may get close two months salary
Siva

From India, Chennai
ravicore
1

hi
As per my knowledge , the contract can be treated as void or which has no value, i hope ur friend did not signed any thing on the contract and send the same through any fax or scanned copy to the employer. so where is the valid point that company can sue ur friend for the damanages or expences more over if they go to the court with that copy of email, as per ur inmofrmation , where are the terms and conditions that the contract has.
Did he mentioned that hereby i agree for all the terms and condition of the company?
So i hope there is no chance that ur friend can be sued for breach of contract which is not thier on legal contract or any stamp papers,

From India, Tirupati
ravicore
1

hi
As per my knowledge , the contract can be treated as void or which has no value, i hope ur friend did not signed any thing on the contract and send the same through any fax or scanned copy to the employer. so where is the valid point that company can sue ur friend for the damanages or expences more over if they go to the court with that copy of email, as per ur inmofrmation , where are the terms and conditions that the contract has.
So i hope there is no chance that ur friend can be sued for breach of contract which is not thier on legal contract or any stamp papers,

From India, Tirupati
Salim310898
Hi,
How the MBA programme fees was paid? You can use the the payment details as an proof in the court besides the exchange of email.
Further, the silver lining for you in this case is that staff who does not have the loyalty for the company is no longer on your payroll.

From Qatar, Doha
preetilal
Dear all,In my case, my last company used to get 'service agreemnet' (franking done from bank, making it legal) signed by employees stating that after leaving the company they will have to take 'no ojbection certificate' from the director of thecompany before joining any other company engaged in similar business,valid for 6 months. My query:1) is it legaly correct?2) If yes what if Director doesnot issue NOC to any particular employee. Pls clarify....
From India, Pune
rajanassociates
50

Dear The difference between a Bond and a Contract is obvious..Whereas the former is a Negotiable Instrument ,the later is not one.The former is to be Stamped as per Indian Stamp Act. Consequently your presumtions on E Mail Contracts may not strictly apply to a Bond.The opinion will be case specific rather than generic. In the instant case the Court may take a sympathetic view . With RegardsV.Sounder Rajan E-mail : , ff : 044-42620864, 044-65874684,
From India, Bangalore
Jai1736
3

Dear Friend
In this case , as described by you , no case is made out that your friend has executed any bond with the company . The e-mail in question can not be presumed or taken as a legal executed bond between the company and your friend .The e-mail you are refering to, will not be justiciable in the court of law.
Regards
Mohan.

From India
Kalyan R
13

Hi
I agree with Mr.Sivasankaran. The Employer has the right to recover the cost of training imparted to the employee. Cost includes the Training/Course fees, Travelling expenses, Accommodation expenses incurred by the employees towards attending the Course, Salary paid to the employee for on-duty days etc. If the company has proof for the above expenses, they can recover it from the employee. The amount mentioned in the bond should have some proof as mentioned above. Merely mentioning Rs.200000 or Rs.500000 without any basis will go against the employer. If your friend wants a smooth exit, you can advice him to negotiate and settle the issue amicably.
Thanks & Regards
Kalyan R

From India, Madras
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