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Company is not relieving without serving notice period
15-Dec-2023 (In Labour & Service Law)
Hi I am working with a KPO farm as manager. Since I was not happy with the policies of the company, I decided to quit this job and accepted an offer from another company which offered be better salary and designation. before putting down my papers, I decided to discuss about this opportunity with my manager. He promised early relieving, and agreed to waive off my notice period. But in evening my HR manager and supervisor changed their stand and advised me to either serve two month notice period or pay for two months gross salary, in case of early relieving. I decided not to put down my papers. Now they have hired some one and asking be to create my back-up. My prospective employer is not ready to wait for two months and want me to join immediately, as they have already waited for two months. Please advise, what should I do. I do not want to continue with this company as within one or two months I will have to leave this job.
As per the recent judgments by SC and various High Courts nowadays bonds are not valid in India.
In India Bond is illegal w.r.t employment since as per the Indian Statute, bonded labor system was long abolished and no bond can force any person to work against the employees wishes.
Article 19 of Indian Constitution talks of fundamental rights, as per the Article 19 the Constitution the write work is a fundamental right, and under no circumstance does the Fundamental rights under Article 19 be waived by any person nor can any person be forced to do something that amounting to the violation of the rights mentioned under Article 19.
As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided.
Again as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom it is enforced and if performed would violate principles of natural justices.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.
However, if the company has spent on your training then they are liable to recover that cost from you.
Incase you do not want to work in the company, then you can resign from the company and in the said resignation mention about the illegitimate deduction from your salary.
Thereafter, if the fail to pay your salary then you can send a legal notice through a lawyer. If despite legal notice they fail, then you can file a suit for recovery and compensation for mental harassment.
In India Bond is illegal w.r.t employment since as per the Indian Statute, bonded labor system was long abolished and no bond can force any person to work against the employees wishes.
Article 19 of Indian Constitution talks of fundamental rights, as per the Article 19 the Constitution the write work is a fundamental right, and under no circumstance does the Fundamental rights under Article 19 be waived by any person nor can any person be forced to do something that amounting to the violation of the rights mentioned under Article 19.
As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided.
Again as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom it is enforced and if performed would violate principles of natural justices.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.
However, if the company has spent on your training then they are liable to recover that cost from you.
Incase you do not want to work in the company, then you can resign from the company and in the said resignation mention about the illegitimate deduction from your salary.
Thereafter, if the fail to pay your salary then you can send a legal notice through a lawyer. If despite legal notice they fail, then you can file a suit for recovery and compensation for mental harassment.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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