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Anjali (Accounts)     26 June 2014

Employee work contract related

An Employee has joined in our firm 10 months ago and on our employment letter + contract we have said that employee is expected to work for minimum of two years 

now the employee is quitting and not even serving the notice period of 1 month 

Can we file a legal case against employee considering breach of contract as the employee has signed that document 



Learning

 3 Replies

Kumar Doab (FIN)     26 June 2014

Yes you can.

Who and what is topping you?

The question arises would it be worth it?

Can it boomerang on you?

Is it just and fair?

Would it affect your image, goodwill, and render you unworthy of being employed with, violator of rights of employees…………………………….and even would it attract the attention of Unions towards you?

 

The question that the ‘Contract/agreement/clause/covenant/Bond’ whatever it is…………………………..is created in lieu of what:::::::::::::have you provided some training(certified)……………………….some extra ordinary favor………………………..or in the absence of any justifiable explanation how would you defend yourself from charge of Bonded labor that has been abolished.   

The properly informed employee can open multiple fronts and cite multiple breaches by employer and penalty is sure………………..

The notice period is part of service conditions that has to be in line with various enactments/statues/instrument of law applicable to the establishment…………………………………….employer is held personally responsible for faithful observance of enactments………………………. Notice period/pay is not dependant upon T&C inserted by employer in appointment letter/contract of employment or any private agreement that employer has drafted and signed with employee, alone……………………………………..

 

Having posted that if you are still willing to pay the fee to your lawyer for the litigation that yo have conceived……………….after paying the fee for crafting the agreement cited by you……………………………it is your money………………………..your choice………………….and your fate……………….

The agreement that you have referred may not be even worth the paper on which it is written.

Why don’t you just adjust notice pay in FnF statement and send it for verification and acceptance and settle the matter once for all and focus on productive and gainful avenues for your company……………………..!

It is just a heartfelt opinion.

Rest is up to you.

 

 

 

Anjali (Accounts)     26 June 2014

It might boomerang but , I need to stop this garden like attitude of the young generation that is affecting the work culture 

Jumping from 1 job to another for 500 or 1000 rs

Kumar Doab (FIN)     27 June 2014

It is entirely your outlook and your wish.

Would your action stand the test of law? Probably NO.

Resignation can be without permission and notice.

Notice Period of………………….days may not necessarily be applicable to this employee, and service agreement of 2Y is a big question mark.

No employer has been able to stop an employee by force/pressure/coercion……………..

Successful Industry captains are always ready with succession plan. Attrition does not affect and bother them.

If Rs.1000/ matter to an employee and employee or his/her presence is valuable to you, it shall be wise to offer increment and retain the service of employee.

It shall be wiser to close the matter and part with a smile and harness your resources, money,energy into productive channels.

It is just a heartfelt opinion.

Rest is up to you.

 

 


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