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Employer Threatened of Legal Action for Breaching Service Agreement
22-Aug-2023 (In Labour & Service Law)
Hi, After 3 years of employment they asked me to sign 3 years of service agreement. Due to lack of growth, I had to relieve and sent them email but the immediate senior abused me and HR team told me that the legal action would be taken and court's notice will come as your're absconding case. How to deal with this? Do they have rights to send court's notice?
They have absolute rights to send you a legal notice and you have absolute rights to refute that notice defending your stand. This is nothing new in terms of currently prevailing employer - employee relationship in India.
You should not be afraid of any such thing coming in future and shall act wisely and judiciously with the help of a lawyer.
Rest of the things will depend upon the circumstances prevailing in between you and your employer in past as well as in present, the documents signed in between you, and thereafter commitments made by either party.
You should not be afraid of any such thing coming in future and shall act wisely and judiciously with the help of a lawyer.
Rest of the things will depend upon the circumstances prevailing in between you and your employer in past as well as in present, the documents signed in between you, and thereafter commitments made by either party.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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Dear Sir
Thank you for your query. No, they do not have a right to send you a legal notice as you have a right to quit by giving appropriate notice. You can respond by writing a strong email and then if required sending a legal notice. Happy to help,
Thank you for your query. No, they do not have a right to send you a legal notice as you have a right to quit by giving appropriate notice. You can respond by writing a strong email and then if required sending a legal notice. Happy to help,
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Adv. Sanjeet Kumar Thakur
Delhi | 25+ Answers
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Hi
A firm reply is only possible after perusal of the said agreement or contract.
Any legal action by your employer will have to be based upon cogent facts and terms and conditions of the agreement.
Certainly there would be a notice clause and you should give notice as per terms of contract.
A firm reply is only possible after perusal of the said agreement or contract.
Any legal action by your employer will have to be based upon cogent facts and terms and conditions of the agreement.
Certainly there would be a notice clause and you should give notice as per terms of contract.
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Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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Were you issued any appointment letter at the time of your joining by the company ? If so, was there any terms and conditions that you would have to serve at least for three years ? Have you signed any agreement to this effect ? If not, you need not worry. However you may take help of a lawyer.
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Adv. Harish Chandra Yati
Noida | 100+ 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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