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Company implicating clause not mentioned in the appointment letter


28-Jan-2023 (In Labour & Service Law)
I was given employment in IT company in Nov 2016 . I was put under training for 2 months . My designation was team leader. They have conducted an exam for training at the end and they have threshold to pass at 90 % . I secured 76 % in exam . Now the company is asking me to resign as i have not cleared in the exam . But nowhere in the appointment letter they have mentioned that I have to secure 90 % in training to qualify for employment . I have not submitted my resignation . I have told they can terminate me . What legal help do i get on this issue .
Answers (2)

Answer #1
911 votes
You can send them a legal notice to your company asking them for your reinstatement and that the clause is not mentioned. you can even approach the labour commission against this. (It is always better to resign then to get your self terminated as termination will put you in problem to find new jobs)
Answer #2
821 votes
Dear
As you have joined the company the bond between employer and employee must be signed with free consent. 2. The conditions stipulated must be reasonable and the condition imposed on the employee must be proved to be necessary to safe guard the interstate of the em ployer.3. The employment bond is to be executed on a stamp paper of appropriate value in order to be valid and enforceable.
Now question once their latest s breach in contact by employee or employer who ever is breaching the contract is liable to pay the compensation. If employer is terminating to you without giving any show cause notice regarding lapes in your duty and performance you can go to the court for compensation and staying terminating order.
Thanking you

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