The restriction on entry into another company for one year is illegal, void and contrary to section 27 of the Contracts Act, the recovery of an amount against damages related to the exit of services within three years will fail if no training expense is granted to you by the company. Payment of wages instead of termination is enforceable. Companies that have fought business know this, but get a loan to keep employees by indirect threat. Most obligations are illegal. Even according to case law, the government and the PSUs have also lost cases on this subject. The legal question of a work obligation depends heavily on the conditions and their intent. The generally accepted position is that, if the company has incurred training costs on your part and these are refundable upon your departure within a specified period of time, the company may be entitled to reasonable pro-rated costs. However, this is not engraved in the pebble and the situation depends largely on the facts. The most important document would be the employment contract and the terms of the loan you have executed. It is advisable to work with integrity for an additional 5 months to fulfill the conditions of engagement keeping in mind that you work for the organization and not for the team leader or your colleagues. Ties that bind workers to an employer for a certain period of time are not legal in India.
According to the practice of justice, no company can induce employees to sign employment obligations. The legal framework has confirmed that the relationship between a worker and an employer is no longer a slave-master relationship. Those days are over. While you can search for a job and once he has clicked, please ask for the notice period for the duration of the balance sheet obligation. 2. You were required to give the company one month`s notice before your departure or to lose a salary equal to an equivalent period, failing which the company refused to issue you the exculpatory letter. The commitment or duration of the contract is a crucial element. Many organizations practice a „retention period” that clearly defines that the employee must be associated with the organization during the period defined in the link. I joined an organization two months ago and there is a link of Rs. 50,000 for 3 years of employment, but the work culture is very bad and there are no prospects for growth. I`m on probation, and now I want to resign, but I don`t want to pay the deposit.
Help me, what can I do? 3) You only left the company with a delay of 1 week. the company has the right to take legal action in the event of non-compliance. The company spends money on your training and if, despite the money spent on the employee for training, the employee does not work during the period indicated in the contract, the company can take legal action Under Indian law, any relationship between the employer and the worker is not valid. 3. It is in your interest to pay the company the salary corresponding to the 3-week notice period, after which the company is obliged to issue you the letter of discharge. While many organizations do not insist that letters from previous employers be relieved, professionally run businesses insist that letters from the former employer be relieved to ensure that the type of exit from the previous job was appropriate. The purpose of the existence of a letter of discharge is not only to ensure that the employee has fulfilled the conditions of employment in his previous assignment, but also to identify issues of integrity, moral turpitude, etc. Organizations that do not insist on unloading letters from the former employer rarely realize that they are reimbursed with the same coin by the employees who hired them without unloading the letters. In other words, employees who have joined an organization without a discharge letter will continue to resign without receiving a discharge letter. Therefore, if you want to join in the future professional companies that have lucrative salary packages, you should focus on receiving the discharge letter rather than saving the 3-week salary that you are required to pay..