Change In Service Agreement Of The Company

Asked in Contract

  • Tobby

    Delhi

Expert's Answers(7)

  • Advocate Sanjeev Jain

    Muzaffarnagar, Uttar Pradesh
      8 Client Ratings

    Dear Client You should give a legal notice for further assistance book a consultation and rate me if you find my answer helpful

    May 6, 2022
  • Advocate Anshul Kulshrestha

    Noida, Uttar Pradesh
      9 Client Ratings

    In the given situation, the employee can resign but the employer might not accept the resignation and send a legal notice calling upon the employee to report for duty immediately, failing which the notice should call upon the employee to pay the sum agreed in bond. After the employee fails to pay the amount, a suit is filed in court of appropriate jurisdiction depending upon the terms and condition of employment for recovery of the due amount. The court will analyse the amount in respect of whether it violates section 27, the bond is reasonable, and there is confidentiality clause to ensure company’s trade secrets are protected. However, court cannot favour the employee also when if you are positioned at a very unique post and there is no replacement for you in the market or maybe if your services are highly important for the company projects and without you they will not be able to continue the projects.

    July 21, 2021
  • Advocate Mohammed Shahzad

    Delhi, Delhi
      2 Client Ratings

    - As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period. - Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. - Except, recovery of the said amount, company cannot harm you for the same - Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee. - Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable. - Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession. - Hence, better serve the notice period only , and tender your resignation with the request of issue experience certificate , and don't take tension of the bond amount . You can contact me , for further suggestion in this regard.

    April 29, 2021
  • Advocate J L Naagar

    Jalandhar, Punjab
      169 Client Ratings

    Company is bound with the previous Policy for the older employees. You can challenge the new Policy before High Court concerned. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

    April 24, 2021
  • Aakash Sharma And Associates

    Allahabad, Uttar Pradesh
     

    Feel free to Serve a Legal Notice to such Employers Dont be afraid of doing so as it will not make any difference in your job profile keep in touch Advt Aakash Sharma and Associates ASA Legal _ Legal Aid Clinics Allahabad High Court like our FB Page

    April 18, 2021
  • Advocate Anik

    Bengaluru, Karnataka
      65 Client Ratings

    Hii, Issue a strong legal notice against the company and seek adequate compensation. The company is using strongman tactics in order to blackmail and intimidate you. Do not succumb to these tactics. These tactics would not hold ground in the court of law. If you like my answer, please rate me and contact me for further assistance.

    April 14, 2021
  • Advocate Kishan Dutt Kalaskar

    Bengaluru, Karnataka
      184 Client Ratings

    Dear Sir, Get issue a strong legal notice and claim compensation of Rs. 5,00,000/- for their untimely demands and blackmailing tactics. Please give me rank after viewing my details. Please call me for further assistance.

    April 14, 2021