Dear Sirs,
I have a query pertaining to the validity of the service agreement initiated by the company and employee. I had worked in a manufacturing company for less than 6 months; then, I had to leave the company on health grounds as this brief exposure in the company had some serious effects and irritations. Besides, the prospect was not good either. The recession effect resulted in job cuts all around. So, I joined a PSU company for job security. I sent a resignation letter also to my ex-employer. Now, since the service agreement was for 5 years, they have filed a case against me for this breach of contract.
I want to know the implications of this bond agreement (in which I had to serve 1 year on probation, 4 years after training in the company if the suit is not followed I have to pay Rs 2 lakhs to the employer) but I want to know if I received no proper training, am I liable to pay the bond amount? Is the company's interest superior to an individual's health? Can't I do a job that suits my current health status?
Please reply.
From India, Daryapur
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I have a query pertaining to the validity of the service agreement initiated by the company and employee. I had worked in a manufacturing company for less than 6 months; then, I had to leave the company on health grounds as this brief exposure in the company had some serious effects and irritations. Besides, the prospect was not good either. The recession effect resulted in job cuts all around. So, I joined a PSU company for job security. I sent a resignation letter also to my ex-employer. Now, since the service agreement was for 5 years, they have filed a case against me for this breach of contract.
I want to know the implications of this bond agreement (in which I had to serve 1 year on probation, 4 years after training in the company if the suit is not followed I have to pay Rs 2 lakhs to the employer) but I want to know if I received no proper training, am I liable to pay the bond amount? Is the company's interest superior to an individual's health? Can't I do a job that suits my current health status?
Please reply.
From India, Daryapur
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Dear,
We have posted many threads in this regard earlier which you can find on this site. This type of agreement does not have any legal sanctity. The agreement itself is void ab initio. If they have filed a case, then no problem. You can hire an advocate and defend yourself. The said agreement is void.
Thanks,
J. S. Malik
From India, Delhi
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174We have posted many threads in this regard earlier which you can find on this site. This type of agreement does not have any legal sanctity. The agreement itself is void ab initio. If they have filed a case, then no problem. You can hire an advocate and defend yourself. The said agreement is void.
Thanks,
J. S. Malik
From India, Delhi
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I agree with "Leges", the agreement is not void ab initio, and terms can be enforced subject to proof of investment for training by the Company. Also, Malikji, your comment that the agreement does not have any legal sanctity appears to have been made in a hurry. Why don't you have a look at the Agreement once before passing such comments?
Regards,
Ravikiran
From India, Bangalore
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Regards,
Ravikiran
From India, Bangalore
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The Maharashtra Shops And Establishments (Regulation Of Employment And Conditions Of Service) Ac.pdf
Service agreement.doc