contract bond job for 1 yr
6 months ago
I have signed one year contract bond job . after two months later i have resigned from there because of work pressure and mental harassment now Employer is asking for two months salary .
he promised me that he will provide work from home but he continuously called me for office i went there . He did not pay extra payment for extra working day.
now in this what can i do when Noone is standing with me from office side
A.Dear Client,
A service/contract bond itself does not create any relationship between an employer and an employee unless and until it is followed by the essential steps required to make the Bond valid and enforceable under the law. Service Bond, cannot make an employee liable to face any legal consequences for deficiency on the part of the employer. The validity of Employment bonds can be challenged on the basis of Section 27 of the Indian Contract Act,1872 which prohibits any agreement in restraint of trade and profession. The law states that an agreement (employment bond) 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 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 to the employment bond to serve the employer for a specific period of time. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. The following are the requirements of a valid employment bond agreement. 1) The agreement must be signed by the parties with free consent. 2) The conditions stipulated must be reasonable and 3) The conditions imposed on the employee must be proved to be necessary to safeguard the interest of the employer. 4) The employment bond is to be executed on a stamp paper of appropriate value in order to be valid and enforceable. You may serve a legal notice to the Company and get in touch with a Corporate Lawyer experienced in the subject for guidance and steps.
A service/contract bond itself does not create any relationship between an employer and an employee unless and until it is followed by the essential steps required to make the Bond valid and enforceable under the law. Service Bond, cannot make an employee liable to face any legal consequences for deficiency on the part of the employer. The validity of Employment bonds can be challenged on the basis of Section 27 of the Indian Contract Act,1872 which prohibits any agreement in restraint of trade and profession. The law states that an agreement (employment bond) 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 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 to the employment bond to serve the employer for a specific period of time. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. The following are the requirements of a valid employment bond agreement. 1) The agreement must be signed by the parties with free consent. 2) The conditions stipulated must be reasonable and 3) The conditions imposed on the employee must be proved to be necessary to safeguard the interest of the employer. 4) The employment bond is to be executed on a stamp paper of appropriate value in order to be valid and enforceable. You may serve a legal notice to the Company and get in touch with a Corporate Lawyer experienced in the subject for guidance and steps.
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A.Dear Client,
Review your employment contract thoroughly. It may outline the terms and conditions for resignation, including notice periods, compensation, and any provisions related to breaking the contract. Typically, employment contracts in India include a notice period during which you must provide advance notice to your employer before resigning. The notice period and the conditions for breaking it should be stated in your contract. If you did not serve the notice period, the employer may legally seek compensation for the remaining period. If your employer promised work from home and then required you to come to the office, it might be considered a breach of contract. The specifics would depend on the terms outlined in your contract. If you worked on extra days without being compensated for them, you may be entitled to additional pay if it was not voluntary and was not part of your regular duties.
Review your employment contract thoroughly. It may outline the terms and conditions for resignation, including notice periods, compensation, and any provisions related to breaking the contract. Typically, employment contracts in India include a notice period during which you must provide advance notice to your employer before resigning. The notice period and the conditions for breaking it should be stated in your contract. If you did not serve the notice period, the employer may legally seek compensation for the remaining period. If your employer promised work from home and then required you to come to the office, it might be considered a breach of contract. The specifics would depend on the terms outlined in your contract. If you worked on extra days without being compensated for them, you may be entitled to additional pay if it was not voluntary and was not part of your regular duties.
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