How many years of service do you have in the company? When were you confirmed by the company? Do you have any documents to confirm your confirmation?
Clause 1 is clear, and you need to pay two months' salary to be relieved.
Clause 2 can be challenged in a court of law. No one can take away your right to go to court. No agreement or bond can restrict the right to legal redress.
From India, Pune
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3180Clause 1 is clear, and you need to pay two months' salary to be relieved.
Clause 2 can be challenged in a court of law. No one can take away your right to go to court. No agreement or bond can restrict the right to legal redress.
From India, Pune
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I have joined a company before 8 months. I just put in my resignation notice in May, but in my company's offer letter, it is stated that I have to serve at least one year. I had 6 months of experience when I joined, and now it's been a total of 1.2 years in May. They didn't compensate me for my training. I want to leave this company, but they are insisting that I have to pay three months' salary. Is it legal?
From India, Chennai
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From India, Chennai
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Dear seniors,
I joined the company in November 2018 and signed an undertaking for a 2-year service with a 3-month notice period. Due to family problems, I left the job on January 14, 2019, and submitted a resignation letter without serving the notice period. I have not received my salary for January and some days of November. I only accepted the offer letter via email and did not sign the appointment letter due to certain unfavorable conditions. As I left the job without serving the notice period, the company sent me a notice of loss, claiming one lakh against economic loss due to my sudden resignation. My salary as per the offer letter was 37,000 per month.
Please guide me on whether this is legally acceptable and what steps I should take now. I have not been employed since my resignation. I explained my family's poor situation and the reason for my immediate resignation in an email, citing my grandmother's passing and my sick mother requiring my care. I am currently in my hometown with my family and not employed anywhere. I am unable to cover their claimed loss of one lakh.
I worked from November 28, 2018, to January 13, 2019, and only received the December 2018 salary. The company has not paid the remaining amount. According to the undertaking signed during my joining, I am obligated to serve a 3-month notice period if I leave the company, and I am also restricted from offering services to any competitor for 36 months after leaving the present company. The third condition states that if I violate these terms, the company can claim appropriate economic losses.
I would appreciate legal advice on how to proceed in this situation.
From India, Sonipat
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I joined the company in November 2018 and signed an undertaking for a 2-year service with a 3-month notice period. Due to family problems, I left the job on January 14, 2019, and submitted a resignation letter without serving the notice period. I have not received my salary for January and some days of November. I only accepted the offer letter via email and did not sign the appointment letter due to certain unfavorable conditions. As I left the job without serving the notice period, the company sent me a notice of loss, claiming one lakh against economic loss due to my sudden resignation. My salary as per the offer letter was 37,000 per month.
Please guide me on whether this is legally acceptable and what steps I should take now. I have not been employed since my resignation. I explained my family's poor situation and the reason for my immediate resignation in an email, citing my grandmother's passing and my sick mother requiring my care. I am currently in my hometown with my family and not employed anywhere. I am unable to cover their claimed loss of one lakh.
I worked from November 28, 2018, to January 13, 2019, and only received the December 2018 salary. The company has not paid the remaining amount. According to the undertaking signed during my joining, I am obligated to serve a 3-month notice period if I leave the company, and I am also restricted from offering services to any competitor for 36 months after leaving the present company. The third condition states that if I violate these terms, the company can claim appropriate economic losses.
I would appreciate legal advice on how to proceed in this situation.
From India, Sonipat
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I joined the company in November 2018 and signed an undertaking for 2 years of service. The notice period was 3 months. Due to a family problem, I left the job on January 14, 2019, and sent a resignation letter without serving the notice period. I have not received the salary for January and some days of November. I only accepted the offer letter through email and did not sign the appointment letter due to some unfavorable conditions.
As I left the job without serving the notice period, the company sent me a notice of loss. They are claiming one lakh against economic loss due to the sudden resignation. My salary as per the offer letter was 37,000 per month. Please guide me, is it legally okay? What should I do now? I am not working after the resignation and am unemployed. I sent an email regarding my poor family condition and the reason for the immediate resignation. The reason is my grandmother's death, and my mother is sick. My family needs me to take care of them. I am with my family in my hometown and am not working anywhere. I am not in a position to cover their loss of one lakh. I worked from November 28, 2018, to January 13, 2019, and received only the December 2018 salary. The company has not paid the remaining amount.
As per the undertaking signed during joining, I have to serve a 3-month notice period if I leave the company. The second condition is that I will not offer my services to any competition for 36 months after leaving the present company. The third condition is that if I violate these terms, the company will claim appropriate economic loss.
Kindly suggest legal advice on what I should do.
Regards,
Prakash
Tiwari.pc84@gmail.com
From India, Sonipat
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As I left the job without serving the notice period, the company sent me a notice of loss. They are claiming one lakh against economic loss due to the sudden resignation. My salary as per the offer letter was 37,000 per month. Please guide me, is it legally okay? What should I do now? I am not working after the resignation and am unemployed. I sent an email regarding my poor family condition and the reason for the immediate resignation. The reason is my grandmother's death, and my mother is sick. My family needs me to take care of them. I am with my family in my hometown and am not working anywhere. I am not in a position to cover their loss of one lakh. I worked from November 28, 2018, to January 13, 2019, and received only the December 2018 salary. The company has not paid the remaining amount.
As per the undertaking signed during joining, I have to serve a 3-month notice period if I leave the company. The second condition is that I will not offer my services to any competition for 36 months after leaving the present company. The third condition is that if I violate these terms, the company will claim appropriate economic loss.
Kindly suggest legal advice on what I should do.
Regards,
Prakash
Tiwari.pc84@gmail.com
From India, Sonipat
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Please suggest:
1. Can any organization enforce such a clause in an employment agreement: That the employee shall not leave the services of the company until the completion of at least two years of service. In case the employee leaves the services of the company for any reason whatsoever before the stipulated period of two years, they shall pay the company an amount equivalent to three months' salary rounded to the next thousand as liquidated damages for premature termination of the agreement at the instance of the employee. The company will be entitled to deduct this amount payable by the employee towards damages from wages, bonus, retiring benefits, or any other amount payable to the employee by the company, and/or to recover the same from the employee in accordance with the law.
2. If yes, then please let me know if an experienced candidate (from a relevant or non-relevant background) employed in an organization is also bound by the same clause in the agreement (minimum 2/4 years of working) as a fresher employee.
From India, Jalandhar
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1. Can any organization enforce such a clause in an employment agreement: That the employee shall not leave the services of the company until the completion of at least two years of service. In case the employee leaves the services of the company for any reason whatsoever before the stipulated period of two years, they shall pay the company an amount equivalent to three months' salary rounded to the next thousand as liquidated damages for premature termination of the agreement at the instance of the employee. The company will be entitled to deduct this amount payable by the employee towards damages from wages, bonus, retiring benefits, or any other amount payable to the employee by the company, and/or to recover the same from the employee in accordance with the law.
2. If yes, then please let me know if an experienced candidate (from a relevant or non-relevant background) employed in an organization is also bound by the same clause in the agreement (minimum 2/4 years of working) as a fresher employee.
From India, Jalandhar
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