I have been employed by a startup on April 2019. Before my joining they called me over the phone and asked how long are you willing to stay in the company. I told them 2 years and then will see. So they told you should stay minimum of 3 years and at that point of time i needed job very badly and i did not want to loose it at any cost. So in the offer letter they wrote a point "During you personal interview you have committed to the company for a period of 3 years till end of april 2022". "You shall remain on contract till october 2019". And also there is one more point ""Upon sastisfactory completion of the contract period, subject to performace , your appointment shall be confirmed. After such confirmation should you wish to resign from your duties at our company, it would be imperative on you to provide a notice of a period not less than 60 days". Other than these 2 points there is nothing mentioned about the commitment. So recently due to some personal reasons i put my resignation on april 28th 2021. And the employer declined my resignation saying you have commited to the company and we cannot release from your duties. So we had a video call after that, so on the call the employer told we cannot release until you give us a reason so i told i have a genuine personal reason. But he was not convinced and he told we need to go down legal ways if you want to quit. So literally what he meant was he will destroy my career legally. And also no rule and regulation where given to me after the employment. Not aware of any company rules and also expect for the offer letter i havent signed on any other letter. So please help me on this. What should i do. He is telling me he will ruin it for me taking legal action. Im so worried about my career whether anything legal action happens will it spoil my career. Will i get job anywhere else. Im feeling so depressed and pressurized right now. Please somebody help me and guide me on this. Hoping for a early response
From India, Mangalore
From India, Mangalore
The personal commitment made during the interview to serve the company for a period of 3 years till the end of April 2022 is not in conformity to the notice period clause that it would be imperative to provide a notice of a period not less than 60 days. The notice period clause is a standard clause, its importance and applicability are not whittled down by personal commitment. In case there is no other communication otherwise, you need not worry. At any rate, there cannot be any forced labour or begar, the Article 23 of the Constitution expressly prohibits it. So you don't have to worry, indeed you can point out the constitutional provision and in turn warn the employer of penal consequences if he ventures into any adventurous litigation in this matter.
From India, Mumbai
1534From India, Mumbai
KK!HR the terms are too technical for me and difficult to understand. Please, Is it possible for you to explain it in more simpler manner.
From India, Mangalore
From India, Mangalore
To put it simply, the threat posed by the employer to drag you in litigation need not worry you much, as the same amounts to forced labour or slavery. Our Constitution protects you from forced labour. The personal commitment made by you during the interview to serve upto April 2022 does not carry much importance as it conflicts with the notice period clause.
From India, Mumbai
From India, Mumbai
Thank you so much KK!HRR. It was very helpful. So what do you suggest now. What should be my next move. Since he already replied on my email saying its declined. What should be my next action
From India, Mangalore
From India, Mangalore
The compulsion to serve for a period exists where an signed agreement is existing. In absence of any signed document no body can force one to work for a certain perioded.
Your service is bound by the terms of your appointment letter, if there is no such condition that you have to work for minimum of 3 years. But you are liable to serve notice period or work till completion of 60 days of notice period.
The company can harass you but in court the case will not stand. You can take the plea that your verbal commitment of working for 3 years in consequence of some commitments( Growth of salary 30% every year & other perquisites) made by the company but has not taken place till now.
Prabhat
8093097934
From India, Mumbai
Your service is bound by the terms of your appointment letter, if there is no such condition that you have to work for minimum of 3 years. But you are liable to serve notice period or work till completion of 60 days of notice period.
The company can harass you but in court the case will not stand. You can take the plea that your verbal commitment of working for 3 years in consequence of some commitments( Growth of salary 30% every year & other perquisites) made by the company but has not taken place till now.
Prabhat
8093097934
From India, Mumbai
Dear Minarva
Under the Indian law, a service bond or agreement to serve a specified period is valid only if the company has given you training for a particular skillset. Otherwise, under Sec 27 of the Indian Contract Act, any agreement in restrain of trade or profession is illegal.
There are enough cases that have been decided by the courts that have clearly laid down the no one can be compelled to work for a company or a business or an employer against his or her wishes and that any such contract is invalid.
The only case where it is valid is where there is a training provided. That also you can not be a specific performance (you can't be asked to continue working other than for reasonable notice period). The best they can do is claim a compensation equivalent to the amount actually spent (spent on specific training, but not on-job-based training. it needs to be a proper training for which they company paid money). the compensation will be reduced proportionately for the period served.
So there is nothing the company can really do.
But remember that if they do file a case, you will be spending money on lawyers to dispute it.
From India, Mumbai
Under the Indian law, a service bond or agreement to serve a specified period is valid only if the company has given you training for a particular skillset. Otherwise, under Sec 27 of the Indian Contract Act, any agreement in restrain of trade or profession is illegal.
There are enough cases that have been decided by the courts that have clearly laid down the no one can be compelled to work for a company or a business or an employer against his or her wishes and that any such contract is invalid.
The only case where it is valid is where there is a training provided. That also you can not be a specific performance (you can't be asked to continue working other than for reasonable notice period). The best they can do is claim a compensation equivalent to the amount actually spent (spent on specific training, but not on-job-based training. it needs to be a proper training for which they company paid money). the compensation will be reduced proportionately for the period served.
So there is nothing the company can really do.
But remember that if they do file a case, you will be spending money on lawyers to dispute it.
From India, Mumbai
Hi Marvin,
If the manager is not accepting your resignation despite you adhering to your notice period, send the resignation via registered post with acknowledgement due. This will help establish that you have sent your resignation and the acknowledgement is proof of receipt.
The worst that may happen is that you will not get an experience letter from this company but if you approach this with the help of a labour lawyer you can support your stand and get the same. If the company has spent money on specialized training you can offer compensation for the same in lieu.
hope this helps
From India, Chennai
If the manager is not accepting your resignation despite you adhering to your notice period, send the resignation via registered post with acknowledgement due. This will help establish that you have sent your resignation and the acknowledgement is proof of receipt.
The worst that may happen is that you will not get an experience letter from this company but if you approach this with the help of a labour lawyer you can support your stand and get the same. If the company has spent money on specialized training you can offer compensation for the same in lieu.
hope this helps
From India, Chennai
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