Hello all,
I want to know the consequences of breach of contract. Am a fresher and had joined a company and tenure of service was form 30th July-2014 to 13th-oct-2014.
It had no legal bond. But I was appointed as an confirmed employee in 15days of my working days, where they mentioned in the offer letter 4months of notice period to be served if confirmed, which I had signed during my joining.
On 14th Octtober-14 I sent them a resignation letter stating that i will not be able to render my services since my mother is cancer patient as discussed earlier with them and after her monthly routine checkup reports, doctors have recommended for operation in next 15days, so unable to continue.
Now they sent me a notice saying:-
1.Thet as per the said contact ,you were bound to serve our client for a minimum period of two year but to left our company before completing the minimum period of two year. As per the said agreement i.e. a serious breach of the said contact by you. Hence you are liable to pay 2.00,000 as indemnification cost to us.
2-That as per clause 8.1 titled is “Employees Duties /Responsibilities” in misbehaving activity during the official hours that “during such reasonable hours as the company business requires; activity done every hours worked for, shall be recorded single sheet” i.e. a serious breach of the said contact by you. Hence you are liable to pay 1.00,000 as indemnification cost to us.
3-That as per clause 8.10 titled is “Employees Duties /Responsibilities” that report to the person nominated by the company from time to time. We were not to reporting to your reporting person on daily manner.
4- That as per clause 9. “Titled is working hour’s policy” you were not reporting on as per company policy as well as you were taken habitual leave without information to Hr team much time.
5-That per in agreement part Annexure 3 “Job responsibilities & key result area” mention you daily work details but you were not follow daily work guideline as per agreement i.e. a serious breach of the said contact by you. Hence you are liable to pay 50,000(Fifty Thousand Only) as indemnification cost to us.
5-That per clause 3, after confirmation you must be serve notice period. This is a serious breach of the said contract.
6-That per Clause 17 Sub clause 11, “In the case of you resign company we should not be relive till”) Please refer your appointment letter)
It was not on any bond paper,i had signed just the offer letter in which no bond was mentioned except 4months notice period. I want to know whether the company can take any legal action against me for breach of contract
From India, Thane
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I want to know the consequences of breach of contract. Am a fresher and had joined a company and tenure of service was form 30th July-2014 to 13th-oct-2014.
It had no legal bond. But I was appointed as an confirmed employee in 15days of my working days, where they mentioned in the offer letter 4months of notice period to be served if confirmed, which I had signed during my joining.
On 14th Octtober-14 I sent them a resignation letter stating that i will not be able to render my services since my mother is cancer patient as discussed earlier with them and after her monthly routine checkup reports, doctors have recommended for operation in next 15days, so unable to continue.
Now they sent me a notice saying:-
1.Thet as per the said contact ,you were bound to serve our client for a minimum period of two year but to left our company before completing the minimum period of two year. As per the said agreement i.e. a serious breach of the said contact by you. Hence you are liable to pay 2.00,000 as indemnification cost to us.
2-That as per clause 8.1 titled is “Employees Duties /Responsibilities” in misbehaving activity during the official hours that “during such reasonable hours as the company business requires; activity done every hours worked for, shall be recorded single sheet” i.e. a serious breach of the said contact by you. Hence you are liable to pay 1.00,000 as indemnification cost to us.
3-That as per clause 8.10 titled is “Employees Duties /Responsibilities” that report to the person nominated by the company from time to time. We were not to reporting to your reporting person on daily manner.
4- That as per clause 9. “Titled is working hour’s policy” you were not reporting on as per company policy as well as you were taken habitual leave without information to Hr team much time.
5-That per in agreement part Annexure 3 “Job responsibilities & key result area” mention you daily work details but you were not follow daily work guideline as per agreement i.e. a serious breach of the said contact by you. Hence you are liable to pay 50,000(Fifty Thousand Only) as indemnification cost to us.
5-That per clause 3, after confirmation you must be serve notice period. This is a serious breach of the said contract.
6-That per Clause 17 Sub clause 11, “In the case of you resign company we should not be relive till”) Please refer your appointment letter)
It was not on any bond paper,i had signed just the offer letter in which no bond was mentioned except 4months notice period. I want to know whether the company can take any legal action against me for breach of contract
From India, Thane
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Hi Ms. Rashmi,
Assuming that you have not signed any bond, you are on the safe side. Have you been given an appointment letter? If yes, please go through it carefully. Have you signed your acceptance to the appointment letter? As you have agreed to the notice period, you will have to serve it professionally.
Due to your personal issues, you can request the management to either grant you leave, decrease the notice period on humanitarian grounds, or find any other amicable solution. You mentioned that you received a notice from the company. Was it from the company personnel or a legal notice from an advocate? If it's from company personnel, kindly draft a detailed email in response. If it's from an advocate, you will need to consult with one.
Whatever the situation may be, I don't think you will be required to pay any amount. Wishing you all the best, and I hope for a speedy recovery for your mother.
Regards,
Alex
From India, Secunderabad
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66Assuming that you have not signed any bond, you are on the safe side. Have you been given an appointment letter? If yes, please go through it carefully. Have you signed your acceptance to the appointment letter? As you have agreed to the notice period, you will have to serve it professionally.
Due to your personal issues, you can request the management to either grant you leave, decrease the notice period on humanitarian grounds, or find any other amicable solution. You mentioned that you received a notice from the company. Was it from the company personnel or a legal notice from an advocate? If it's from company personnel, kindly draft a detailed email in response. If it's from an advocate, you will need to consult with one.
Whatever the situation may be, I don't think you will be required to pay any amount. Wishing you all the best, and I hope for a speedy recovery for your mother.
Regards,
Alex
From India, Secunderabad
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Since there is no bond, the company cannot force you to work for a period of 2 years. Fixed-term contracts are enforceable only in very specific circumstances. However, your notice period is generally enforceable. Even with that, the courts enforce a "reasonableness" clause. Any period of more than a month is generally looked at as excessive unless it is a general practice in the industry. Meaning, in general, employers wait for that period for employees to join.
At best, the company may be able to enforce an amount equal to the notice pay not served. The rest is just posturing. In fact, if they go to court, the court is likely to throw the case out with costs. There is a rider to all the above: that we have correctly understood your issues and that you have disclosed all facts, not just what you think is important. Best you consult a lawyer who can review the matter and guide you.
From India, Mumbai
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At best, the company may be able to enforce an amount equal to the notice pay not served. The rest is just posturing. In fact, if they go to court, the court is likely to throw the case out with costs. There is a rider to all the above: that we have correctly understood your issues and that you have disclosed all facts, not just what you think is important. Best you consult a lawyer who can review the matter and guide you.
From India, Mumbai
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The person who drafted the letter to you seems to be an immature HR person who does not understand the law of the land. Meet a lawyer and send him back the reply. They will not respond back, since all the claims made by them are not part of the contract. In any case, a 4-month notice period will not stand scrutiny in the court of law, since, as per the principle of natural justice, even if it is mentioned in the appointment letter.
From United+States, San+Francisco
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From United+States, San+Francisco
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Negative views brought through notice are an afterthought version only coming out from resignation. The same has not been proven on paper, nor has any opportunity been given to defend. Hence, the same will not pass through the scrutiny of the law. Any notice or pleadings are to be proved by the management. The notice seems to be vague and without any base.
Any allegation raised against the employees is to be proved by the management while affording full opportunity for a hearing, as per the principles of natural justice. I understand that only the notice period can be claimed.
Thanks,
V K Gupta
From India, Panipat
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Any allegation raised against the employees is to be proved by the management while affording full opportunity for a hearing, as per the principles of natural justice. I understand that only the notice period can be claimed.
Thanks,
V K Gupta
From India, Panipat
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If the offer letter mentions of 4 months, then it is only for 4 months. The company cannot unilaterally extend it to 2 years or the bond amount. If nothing of that sort is mentioned, their demand won't stand in the court of law.
Even if they have mentioned that you need to serve for 2 years or else pay 2L in the offer letter, I doubt whether a mere acknowledgment would find merit. Legal experts need to answer this. As per my understanding, the terms need to be fair for both parties (employer and employee), which is absent here. An agreement that is completely loaded in favor of one party is void.
An agreement should also outline the circumstances in which the conditions can be waived. In your case, your Mother has been diagnosed with Cancer and needs your attention, which is a 100% valid reason. If the company goes to court demanding 2L or 3L from you, the court would likely dismiss the case and might even reprimand and penalize the company. Again, this is my understanding. I suggest consulting legal experts, showing them the offer letter and the notice you received.
From India, Chennai
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Even if they have mentioned that you need to serve for 2 years or else pay 2L in the offer letter, I doubt whether a mere acknowledgment would find merit. Legal experts need to answer this. As per my understanding, the terms need to be fair for both parties (employer and employee), which is absent here. An agreement that is completely loaded in favor of one party is void.
An agreement should also outline the circumstances in which the conditions can be waived. In your case, your Mother has been diagnosed with Cancer and needs your attention, which is a 100% valid reason. If the company goes to court demanding 2L or 3L from you, the court would likely dismiss the case and might even reprimand and penalize the company. Again, this is my understanding. I suggest consulting legal experts, showing them the offer letter and the notice you received.
From India, Chennai
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