Hi,
I have to sign an agrement with my employer to to work for 2 years in India after my project assignment in USA, Is there any validity for such agreement? Is it possible to get out of the agrement if I am not satisfied with my current employment?
2006-11-07 02:30:49 · 8 answers · asked by Anoop v 1 in Politics & Government ➔ Law & Ethics
I have to sign an agrement with my employer to to work for 2 years in India after my project assignment in USA, Is there any validity for such agreement? Is it possible to get out of the agrement if I am not satisfied with my current employment? The agrement states that I can not work for 2 years to any of the competitors or any of the clients to the company etc.. a breach of contract will have to pay a sum of $20000 and finally "This Agreement shall be governed by the laws of India and any disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India"
2006-11-07 03:20:44 · update #1
Employment Contracts binding an employee to serve the Company for a specific number of months/years do not stand in any courts of law in India. The Company may threaten you with legal consequences citing the Contract but if you have valid reasons to breach such provisions of the contract, nothing can be done by the Employer. Generally, some employees use the Contract with a view to retain the employee when they train them on extra skills where they may have invested time and money. But in your case, you were sent to US for a project assignment where the Company had made only gains and had not made any extra investment to train you on additional skills.
All said and done, it is always better to thrash out issues across the table with your employer rather than confronting them. Think wise, keeping your future in mind, before you take any decision.
2006-11-07 18:32:13 · answer #1 · answered by essen 2 · 0⤊ 0⤋
In India U R not in need to continue U R agreement IF U signed just an Agreement IF U signed a Bond U Cant Quite the difference is the Agreement is signed on the white Paper while the bond signed on the Stamp Paper. If U like to quit The job U have to resign from that Job with the valid reason thats enough incase of an agreement
2006-11-07 02:41:27 · answer #2 · answered by Ramasubramanian 6 · 0⤊ 0⤋
The issue here is whether your agreement has all the aspects of a contract. It makes no difference that it was oral and not written, but:
1. is it for lawful purposes and without other purposes than in the stated terms of the agreement?
2. Was is dishargeable in its original terms. Was it possible to fulfill the terms of the agreement.
3. was there an appreciation, an exchange of something of value?
The job itself is considered a thing of value.
If one party fails to fulfill the terms of the contract, the other party may have a cause of action. But, and here is the problem, you must show damages; you must show that you have been injured in some way that a claim for a money judgment is reasonable to make you whole.
See if you can find a copy of Prosser and Keating, On Torts. You will see here cases and holdings on appeal of all sorts of contractual obligation. Or any good law book on Contracts will tell you whether or not you have an enforceable contract.
2006-11-07 02:53:04 · answer #3 · answered by john s 5 · 0⤊ 0⤋
Yes you can leave at any time. These types of agreement violate the real labor laws and are meaningless. You can sign it and it means nothing. No one is allowed to be an indentured servant. Just as worthless as the agreements they make you sign saying that if you leave the company, you cannot work for competitor.
2006-11-07 02:40:18 · answer #4 · answered by revengeismineforever 2 · 0⤊ 0⤋
agreements usually binds two persons or entity to perform specific actions or duties with corresponding responsibilities and benefits, i presume that you have read the provisions wherein your responsibilities for both the employer and yours were outlined. in your case, your feelings or unsatisfaction must be expressed and conveyed to your boss who, of course, could not force you to stay. however, if you wish to stay with your employer, you should talk it over and meet the situation head-on..hoping to have helped you in my own little way...cheers!
2006-11-07 02:41:03 · answer #5 · answered by paloloy 1 · 0⤊ 0⤋
contract can be broken and luitsuits can be filed.
thats why people signed such documents..
2006-11-07 02:32:57 · answer #6 · answered by cork 7 · 0⤊ 0⤋
You agreed to it--- You should have to do it.
You can screw up so bad they fire you. But don't expect to use them as a reference.
2006-11-07 02:35:11 · answer #7 · answered by namsaev 6 · 0⤊ 0⤋
CONSULT BEST LAWYER AND TRY TO SEE ANY CLUE.
2006-11-07 03:41:40 · answer #8 · answered by RAMAN IOBIAN 7 · 0⤊ 0⤋