Service agreement

Querist : Anonymous (Querist) 22 September 2020 This query is : Resolved
I joined a company 2 months back with a service agreement of 2years with 2 lac, now I am in probation period. But due to personal reason want to resign company and break service agreement.
I have a clause in my joining letter that ''Within Probation period Service is terminable by either party with 3 days prior notice''.

Can I terminate my employment on behalf of written clause?

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SHIRISH PAWAR, 7738990900 (Expert) 22 September 2020
Hello,

As per the facts stated by you, you can resign by giving 3 days prior notice to your employer. However, it is necessary to verify the complete service agreement for the safer side. Consult with a local advocate.

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Advocate Bhartesh goyal (Expert) 22 September 2020
If the clause " within probation period service is terminable by either party with 3 days prior notice " exists in service agreement then you can definitely resign..

Querist : Anonymous (Querist) 22 September 2020
This is the exact clause "The first three months of your employment will be a probationary period during which time your employment is terminable by either party by giving to the other party at least three days’ notice in writing or on the expiry of the probationary period."

Advocate Bhartesh goyal (Expert) 22 September 2020
As per mentioned clause you may resign from your service.

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Rajendra K Goyal (Expert) 22 September 2020
You can serve due notice in terms of appointment clause.

kavksatyanarayana (Expert) 22 September 2020
Yes. You can resign from service as per the clause in the service agreement.

Dr J C Vashista (Expert) 23 September 2020
Mr./Ms. Anonymous,
Either of the statement is false that you are on 2 years probation with a clause for bond of Rs. 2 lakh, whereas during probation either of you can leave / resign with 3 days notice, is it a true and correct statement ???

venkatesh Rao (Expert) 23 September 2020
strange clause unknown to service jurisprudence.

P. Venu (Expert) 23 September 2020
Facts posted suggest that you can leave the employment after serving the notice as specified. Service agreement is enforceable only if special training involving extra expenditure has been imparted.

Rajendra K Goyal (Expert) 24 September 2020
During probation, it is general that the employer wants to have option to remove the employee without any legal hurdle in case he is not able to prove his ability in accordance with the requirements. Such facility can also be given to employee so that the clause may not be termed as one sided. Due to this reason such clause may be inserted in the appointment letter.

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