Hello to all........i am a employee of a X company and want to join Y company but my X company is not accepting my resignation as they have written on the appointment letter that if i resign before 3 yrs from joining i have to pay Rs.1 lakh.Now what i wanna know is that if i join the Y company without any re leaving letter from the X company can the X company file a legal complaint on me though there is no legal bond singed.
2007-05-16 19:01:55 · 10 answers · asked by SV 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
The terms & conditions of the appointment with X Company if do not amount to a valid contract between you & the employer if such terms & conditions are against the public policy & are unconstitutional in nature. The very fact to bind any one for 3 years in an employment is unreasonable & amounts to bounded labour which is unconstitutional, illegal & against the public policies. More so we also have to see if such binding condition of employment applies to the employer too. In case the employer does not impose such condition of 3 years employment guarantee on itself then it will clearly be held as one-sided condition which is absolutely unjust, unreasonable & illegal. In your case if you join the Y company without getting relieving letter from the X company they will not be able to get any courts order for you to pay Rs.1 Lakh as they themselves will have to prove in the court that such condition of employment to you was just, reasonable & legal. It was constitutional & not against the public policies to make such a condition of contract of employment enforceable.
2007-05-16 19:39:53 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
If you have signed a 3 year bond with your existing company, you can not resign before 3 years or you will have to pay Rs. One Lakh to the company. You can speak to Y company about this issue. In many cases the new employer agrees to compensate such amounts to new joinees. If Y company agrees to reimburse Rs. One lakh to you, go ahead else you do not have any option. Do not get into legal battle with company X. Always remember that every company has a seperate legal department and legal back-up to the highest level and you will get exhausted fighting your case. Company X is having the legal paper signed by you so anyways the court will ask you to pay Rs. one lakh plus the legal expenses incurred by company X. You will be at loss.... think with cool mind. Speak to company Y.
2007-05-16 19:32:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
See a private lawyer or pay Rs.1 lakh.
See a lawyer at labour department for their opinion.
Most such contract in USA are not valid, as specially if they are considered one sided,or there was truly no meeting of mind, the a good lawyer will explain you what is this term meeting of mind and one sided contract.
You wrote,"though there is no legal bond singed". Bond is an easy way for a company to get there money from bonding company. Then bonding company finds you and collects from you. Since there is no bond, the company can sue you directly for reneging on the agreement.
Most company do not want unhappy people to work for them against their wishes. They cannot afford to have unhappy employee. They cannot have bad publicity, as a results of loosing a law suite, also.
Request a signing up bonus or joining bonus from new employer but let the new employer buy out your contract directly from the present company. That way it will not be your income. All parties will be in synchronous, agreement.
For Pamela J's information, Rs. stands for Indian currency Rupees, 1 lakh is Indian term(in many Indian languages) for Rs.100,000.00(Hundred thousand), at today's rate of exchange it is USA $2175/- approximately.
2007-05-16 19:26:05 · answer #3 · answered by minootoo 7 · 0⤊ 0⤋
The answer is really simple. The conceald permit is overrode by any business with a "no firearms" sign posted as you state the law lists as prohibited. You work for a business that has a sign therefore you can not legally carry. The ONLY penalty is $100 I doubt it they usually revoke the carry license and you will never carry legally again if not also prosecute you for the $100 misdemeanor. If found guilty and they press it as a firearms violation good luck ever passing a background for your next pistol purchase. Additionally you MAY still retain your carry license after all this but you won't be able to carry at the unemployment office which will be your new employer. Employers are legally bound to provide safe work environments and if they deem pistols as potentially dangerous they must by law be weapon free.
2016-05-20 17:30:33 · answer #4 · answered by ? 4 · 0⤊ 0⤋
They can sue you for damages since you have signed the appointment letter accepting the terms. Best thing would be create a situation where the management tells you to leave the job. Then you need not pay the money.
2007-05-16 23:27:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Read the appointment letter and it should stated clearly all the can and can't do. If it is stated there then you'll be taken to court if your company wants to pursue the matter. If you think you are right, then report to Labor Department.
2007-05-16 19:11:20 · answer #6 · answered by Slug 4 · 0⤊ 0⤋
Do as directed.
Rule 1 The boss is always right.
Rule 2 If boss is wrong, see rule 1
2007-05-16 19:05:44 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You need to abide on what's written on the appointment letter.
2007-05-16 22:06:14 · answer #8 · answered by SGElite 7 · 0⤊ 0⤋
If there is no legal binding then you dont have to worry, u can quit the company.
2007-05-16 19:17:22 · answer #9 · answered by k b 2 · 0⤊ 0⤋
I think you are stuck there for 3 years. What country are you from? I never heard of your money before.
2007-05-16 19:11:50 · answer #10 · answered by Pamela J 3 · 0⤊ 0⤋