Regarding job agreement
nagendra
(Querist) 13 July 2013
This query is : Resolved
Hello sir,
My question is regarding agreement made at the time of joining as faculty in a college.
I was selected and appointed as a faculty in a college and they made me to execute a document on 5rs note paper and i signed on it. And they took my bank account number and deposited 5000/- as advance.
Later I came to know about that college and the problems faced by its employees and I lost interest in joining in the same.
After executing the bond, I did not worked or attended even for one day.
It went out for 6 months like that and now they sent me a lawyer notice stating that “if I don’t join the college as faculty within 15 days, I will be required to pay 3 months salary (its one of the clause in agreement) and pay for damages.
I don’t want to join in that college and willing to pay off the advance amount and want to get rid of this issue. How can I do so?
pls help me sir
Advocate M.Bhadra
(Expert) 13 July 2013
Don't worry let them take action then you can counter as per laws.
In India Bond is illegal as follows:
As per the Indian Statute bonded labor system was long abolished and no bond can force any person to work against the employees wishes
Article 19 of Indian Constitution talks of fundamental rights, as per the Article 19 the Constitution the write work is a fundamental right, and under no circumstance does the Fundamental rights under Article 19 be waived by any person nor can any person be forced to do something that amounting to the violation of the rights mentioned under Article 19.
Again as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom its is enforced and if performed would violate principles of natural justices.
As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.
Sec 368 of Indian Penal Code talks about extortion by the threatening to file a legal suit. The minimum punishment under this act is 2 two years.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.
The court also has stated that the employer can not hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same.
Any complain on the company would land the Directors and Managing Directors of the company have to face legal proceeding as the company is not a actual living entity but legal entity and the management are hands and heads of the company.
nagendra
(Querist) 14 July 2013
thank you very much sir for your reply.
i will follow your advise
