Legal action against employer.
I joined an organization in Aug 2008, and as per my service agreement the separation clause was as follows.
Either party can terminate the employment by giving 3 months notice period. However, if the employee was sent overseas for specific training then he has to serve the company for 4 years from the date of completion of such training. If the employee leaves before this period then the company is free to charge the employee the cost of training at pro-rata basic for the period of service not completed.
I was sent to USA for one such training in Aug 2008 and I returned from USA after the completion in Dec 2008. The training was as such to understand a new technology to be used to setup a new production plant.
However, after returning from the said training the company decided to deffer the project without providing any stipulated time frame and I was not assigned any job. I just go office everyday and come back without any work. This is how it is for last one year.
Also as per the employment contract the company was to carry out performance appraisal and to give salary hike after completing the one year of service. However, my company has not conducted the performance appraisal and not given me any hike as promised.
Does breaching this condition makes the contract void and can I leave the company anytime without providing 3 months notice. What are my rights if my company refuses to relieve me and does not settle my account.
kindly guide.
Akshat Gupta
