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Kiran badderu (Tax assisstant)     05 December 2014

Employment bond

Dear All ,
 

My cousin sister has recently joined a company , where she had signed employment bond for 2 years , now she has worked there for 6 months & due to some conflicts in office , she has decided to leave the job without notice , 

Can anyone please suggest what will be the outcome legally if she resigns her job & also has the company got any power to take strict LEGAL action against her ?? like lodging a complaint or holding her salary ??

Your comments please .

 

Regards

 



Learning

 2 Replies

Kumar Doab (FIN)     16 December 2014

Do you have any evidence of breach that would render the employer as unworthy to be employed with? Your counsel may suggest and structure/draft representations so as to build favorable record in writing under proper acknowledgement... The service agreement is created in lieu of what? Has the employer extended any extra ordinary favor that would require some committement from you in return? Is there any communication issued vide which the demand of signing a bond/service agreement is made? If yes is there reason mentioned towards the demand to sign a bond is made? The company might have registered / was required to register under (Name of the state) Shops and Commercial Establishment Act that was enacted to govern the service conditions of employees working in establishment covered by this Act, and you might be covered by the def. of employee in it.... and the establishment might have been violating the service conditions.... The state govt.might have issued notifications that such establishment shall be covered by the standing orders..... Liquidated damages inserted by employer in private agreement created by employer may not have to be necessarily paid on demand and might have to be proved.... Is there any clause on liquidated damages to be paid by employer/other party in case of breach by it? The employer might claim that you can not rescind the contract signed by you with your free will and that you are not covered by any of the labor law enactment however your lawyer may opine that you are and can suggest you the remedy and merits.....after examining your doc's on record and your inputs and build your case. You would need to spend quality time with your lawyer and,have patience. If you are perturbed due to some disappointment/dissatisfaction then you can not continue to live on edges since you have signed some contract and fear psychosis that the other party may chase you.....however you should also not hurry and fall in legal traps.... It is suggested that you should avoid proceedings on your own....and proceed under expert advice of your lawyer.. Your lawyer can suggest how to point out the conflicts and convert these to a breach by employer and render the employer as unworthy.... You must download proof of your completion of all tasks,performance.vs tgt etc...

Kiran badderu (Tax assisstant)     10 January 2015

Dear Sir ,

Thank your for your feedback


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