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mirza21 (xxx)     21 December 2009

Revoking job contract

Hi

I joined a company and entered into contract with them for one year. But due to some reason I left company within  10 days. Now they want to sue me for revoking contract. I havent taken any training or money from them. Amount of contract was 1 lakh rupees. Please advise me on this.



Learning

 11 Replies


(Guest)
Dear Mirza21, you did breach of contract between employee and employer. Whether you take money or not, as per terms and conditions of your company you are liable to pay. You signed agreement with your employer. You yourself violated the signed agreement.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 December 2009

No violattion is permitted from any side.

Daksh (Student)     01 February 2010

Dear Mirza21,

All is not lost, have heart and try to fix meeting with the HR people and explain them the circumstances because of which you could not continue with your job.  In all probability either they will be able to convince you or you may inform them about the factual status.

Go with a open mind and positive hope.

Best regards

Daksh

Gagan Gupta (Advocate)     24 February 2010

If liquidated damages are mentioned in contract then that amount is treated as maxmimum limit for ascertaining damages. Company has to prove damages suffered by them due to ur breach. You cant be compelled to do the Job. 

H. S. Thukral (Lawyer)     24 February 2010

Going with Gagan I say that if company has not spent any money on your training it will be difficult for it to claim any damages from you.

Ganesh (Web master)     12 March 2010

According to BONDED LABOUR ACT in INDIA its abolished (1976) then why there is bonding with the employer and employee?Why should an employee for leaving th ecompany if he has not taken any training or money from them.

Gagan Gupta (Advocate)     12 March 2010

No body could compel to work but compensation could be asked if employee after training refuse to work against the contract of employement. 

Ganesh (Web master)     13 March 2010

Thank you Sir for your Kind Information, but what if he /she has not undergone any training , is it possible the company ask for the compensation , all the necessary document( Original Marks card, ORiginal Reliving letter from previous employer etc) are there with them, will not be reached again to our hand. How can we get them all , and what about the PF amount? How can we get all this things?

radha (freelancer)     23 April 2010

The experts have clarified the matter, and the legal implications, including the training and damages.

Attrition  is a big problem in the industry, and the companies find ways and means to retain the employees,and

 to protect their interest.The employee leaving the company during the bond period, may set a precedence for other employees. 

You worked for only 10 days.If the employer pays a salary, may deduct the PF component, as per rules.

Did you submit the PF forms for the transfer of PF from previous employer.You may visit the Local PF commissioner office, give your PF number and see the status and seek advice,  act accordingly and immediatly.

Do you have any written communication from your company, asking you to deposit the original educational certificates/testemonials, relieving letter etc.,and do you have a acknowledgment of the testemonials submitted by you. 

Prepare the factual position.As Daksh has suggested approach the HR with an open mind.The HR can resolve the matter, and may return your original testemonials.This shall avoid litigation.The company also knows the merits of the case. Your approach shall pacify the situation and both the parties shall be able to exit gracefully.

In your next venture be careful, submit attested/notarised copies of tetemonials, and show the orignals.

Consult your family and experienced well wishwers before signing on the dotted line.Develop negotiation skill.

It is better to have access to a good lawyer, obtain clarity and save yourself from legal trap and complications.

If nothing works consult service lawyer with all the documents and record you have.

Ganesh (Web master)     25 April 2010

its gr8 to hear Radha, thanks a lot..

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     03 May 2010

Dear Mirza

There is no breach of contract. It is the custom that every employer and employee contract contains a clause of Probation period during which Organization and u both have an option to terminate on the ground of non satisfaction. So working with 10 days is nothing. I am sure that terms of your contract are void. Please send me the appointment letter, I will be abe to guide you in right direction.


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