Company asking me to sign contract
7 months ago
I had left my previous job without serving notice period after 4.5 years so I didn't receive the relieving letter. I joined the current company for a lower compensation and designation. After 1.5 years, now they are giving me a hike and promotion but want me to sign a contract for 2 yrs. They are not giving me back pay for 6 months even if I sign the contract. The promotion is not given if I don't sign the contract and hike will be very low.
Could you please advice me if this is good for me. I am worried that if I reject the offer and leave the company, the other companies might not hire me for not serving notice period with the 1st company. I have financial problems that is forcing me to consider the contract. But if I consider the career growth, the company is not offering anything. No skill development at all.
You can sign the contract with the company which will help you in getting the hike and promotion.
In the given situation, considering your own situation and constraints, you need to decide your own course of action. However, it may be pointed out that on execution of a service bond assuring the employer to render your service for a fixed term or period is a common practice, the employer typically adopted to fix an employee taking advantage of his constraints and necessities. Section 27 of the Indian Contract Act,1872 prohibits any agreement in restraint of trade and profession. The law states that an agreement/contract will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed or accepted the offer to serve the employer for a specific period of time and the employer cannot claim compensation for breach of contract unless such breach resulted in an actual loss or damage to the employer. Therefore, even if you accept the employer's offer considering your present constraints, you are free to leave the present job for a better career if available in the near future after serving the notice period in compliance with the terms of employment.
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