Hi, my friend has joined an organisation at noida 3 months back and signed up a contract for 1.5 years. Now he has found the working environment is not good.He is forced to work in night shifts and senior are dominating him. He wants to leave organisation as soon as possible and wanted to know the legal impact of agreement if he quit.
Please provide your valuable suggestions friends. Thanks more
Let him list his grievances and if the company does not take suitable action to redress these, then he may quit.....the bond is of no consequence. The bond per second is illegal.Training is given by the company for handling it's jobs. It is a presumption that proper work atmosphere will prevail. And it is against natural justice to tie down a person by a bond and prevent him from going to better prospects. This culture of NOC has suddenly crept in the labour mkt in India during the past decade, especially in IT sector. No bond states why there is a bond and a one-sided bond (without exit clause EQUALITY) is bad in law. Training is for the job and employee cannot be expected to pay for such training or compensate with service for 1 or 10 years. All the best, buddy. Satish Chandratre, pl go abt with a clean conscience. Nothing bad will happen. 25.11.16 more
If he/she has been trained for specific job for what he/she is appointed for, then it is his/her moral responsibility to serve the company. A talented person can immediately judge the working environment and decide if to stick or not. What was the problem with your friend that he/she could not do this in one month? If your friend opt to leave the job, he/she has to compensate for the training and also give the bond/assurance that he/she will not use the benefits of the training to other company he/she would be joining. more
There has to be an Escape Clause whereby if the terms of the Contract are violated by any party to the Contract, that party is liable to pay some penalty and then the Contract is terminated. Also, in all likelihood there will be a clause saying that the employee will be fairly treated. There HAS TO BE some clause in the Contract which talks about the rights of the employee. If there is none, the contract will be held bad in law and will probably not stand the scrutiny of the courts. Approach a friendly lawyer with a copy of the contract and ask him about the points I have raised. Sometimes the Lions Club are offering services of Lawyers free of cost to the general public and you may be able to find such a person. more
Dear Mr.Sandeeep Rawat, Please check the Exit or Contract Termination Clause in the Terms & Conditions of the contract. If it is not there then the contract can not be enforced. more
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