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Answers
Dear Sir,
In such cases you have two options one is approaching Labor Commissioner and second is approaching Civil Court.
If the previous employer mislead you, then yes you do have a case. But you have to prove it. Generally employment agreements include a restraint of trade clause to protect their own interests. To be enforceable, employer must prove the clause is reasonable. As per the Bonded Labour System (Abolition) Act, 1976 no employee is allowed to work for a particular tenure in a company out of compulsion. Such agreements cannot be legally enforced. In order for an employment bond to be enforceable, it has to be executed on stamp paper. Also, under section 27 of the Indian Contract Act, 1872 no employer is permitted to include a restriction, directly or indirectly forcing the employee to work for the employer. Please mail me a a copy of the letter. I will into the terms and conditions and give you an opinion. Do get in touch with me for any further details. Looking forward to your response.
Thank you for the advice so far. Is it possible for you to share your email ID, so that I can mail the copy of appointment letter? I am mentioning the two clauses which I feel are contradictory: 7. TERMINATION OF SERVICE This agreement may be terminated by: a. Either party giving one (1) months’ notice in writing or one month's salary (Part A of the salary components, given in the annexure) in lie of notice during probationary period. 12 Others c. It is agreed that you will be learning the trade/work and the company will be making an investment during the course of such a learning process to make you productive for the given job. In case, you leave or abandon the job within a period of 2 years, then we will be entitled to recover as liquidated , damages, a sum proportionate to the amount spent on providing training /giving experience for the job. **** Kindly note that I was in probation while resigning from the job.
i-feel-cheated-by-my-previous-employer-there-is-a-contradiction-2381272
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Himachal Pradesh
Labour issue
Mritak ashrit candidate seeking for job on the post
Beside Govt school
Employer hired with with promise of stock options within a year..now denying.
RELIEVING ON REJECTED RESIGNATION
Claiming due remuneration
Am I liable to pay high premium for health insurance of my employer?
I have resigned but company forcing my to serve 90 days notice
My company is recovering interim bonus payout from my salary after resignation
Reservation
Kerala
School not paying teachers their salaries
Company is not accepting resignation on imidiate basis
Recovery of full 2 years consolidated pay after resign
My employer is not extending my contract which going to finish by 28 Feb 2022
Employer threatening for legal action after submitting Resignation
I want to resign my job but signed employee agreement for 3 years
graduity related
West Bengal
Company is demanding one month salary. I haven't deny to serve notice period.
Reservations
Can A company change retairement age after joining of employee as a policy
I have received Warning letter/Show cause letter - Unauthorized absence
Karnataka
Not give any type of safety equipment in a factory
which law prevent people to study two degree course t the same time
Delhi
Cancellation of recruitment after interview
My previous employer won't give me my experience letter give excuses
employment breach of contract/notice
Leave prior to retirement --- LPR
Breach of employment contract
Salary Non-Payment from Employer
pay ( wage for attending ccs rule 9 inquiry in my home town for retired employee
action against employee left without completing task during notice period
Regarding service Bond
Salary Not given by employer
ESOP Agreement study
ASSAM
labour law
maternity leave
Employer has not paid my salary
Recruitment Matter of joining in DSSSB 192/14 TGT CS
Did a grama panchayathi work has been taken from the duty without any complains
I have been illegally terminated from private college job
PARITY REG PAY PROTECTION
EMPLOYER NOT GIVING SALARY
I didn't served notice period in company. I got legal action notice now
DELHI
I Raghubir from odisha rourkela help work at company for 10 years need to be emp
Sir is there any rules that contrat labour get employed in company permanently
Gujarat
Need advice regarding non payment of notice pay by me to my former employer.
I was offered a position in a early startup but just before joining cancelled it
No salary payment for past month and delays in previous 2 months
Standard Employment Agreement of 1 lakh with minimum service is one year
i work in hospital an do in patient billing, by mistake i took less money from t
I am working as a conductor in bmtc , now iam dismissed
early reveling from current company by paying notice period amount
Breaking notice period of 90 days and paying in lieu of it
payment of notice period pay
My father is bus conductor and he is suspended.
offer letter
100 RS Stamp paper non-judical value
I am working In a software company from last one year.I have not paid last month
Don't take the compensation in scst atrocities case
How to seek father's government job after his death
Order passed by hon high court of Ranchi uploaded in site can be used for furthe
My previous employer has shortpaid GRATUITY amount due to me; is not providing S
Charged for department enquiry on workplace sexual harrasment
Wrongful Termination
I had done a internship last year but my employer is not giving us stipend.
resignation and buyout
Uttar Pradesh
Karnataka
Breaking company bond where I have worked as intern for 1 month
Breach of Employment contract
Overlap in working days between two companies
Delhi
Maharashtra
Lawyer for teachers in Maharashtra
Gratuity Claim
company label me as abscond eventhough i imply my situation.
Family pension issue
Notice period in office
Consultation on Full and Final Statement
Employer have deducted TDS from salary for last financial year & not deposited
My Ex-Company not Paying my dues. What should i do?
Punishment regarding fraud or plagiarism by ex-employee
Salary dues with previous company
Service matter Government
Employer Holding my Salary for Bond
Can I write and publish a novel while doing job ?
Gratuity Claims
If there is nothing written about notice period on my joining letter, can I leav
I am not getting the Eull and Final Settlement from my Previous Emplyer even
Karnataka
I have freshers bond of 5L i had broken my bond. how much i need to repay ?
Mental illness and jobs
Resignation
EMPLOYEE
How to get judgement for Order reserved
Re-location assistance for lateral employees
No due certificate
Transfer related issue
Gratuity
employee policies
Legal advise for harrasment
Regarding full and final settlement
I had registered to a company for work but they banded me for their side and now
we take any legal action on that?
Clarification needed whether we are liable to pay PF for drivers of hired vehicl
Karnataka
employer not signing my deceased sons pf claim.....been 3 years now.
Kisi ki personal pic rakhna crime hai
Disciplinary proceeding against me an employee
PROMOTION AND RESERVATION RULE
Punjab
Full and final settlement is not clear as per my appointment letter
abscond form work
EPF scheme exclusion criteria?
I've query about bond
Job problem
process ramp down in my org,de forcing us to exit or join LOB w more hrs samepay
Help in remedy for denial of benefits in Govt Employment
I have my RSU vesting around my notice period and company forcing me to leave
मेरा भाई high court double bench से case हार गया है जिसकी वजह से उनकी नौकरी चली
Studio hold my 22 days wages
For deducted amount recover from last employer
MNC Co Hyd extended notice period without consent, also not accepting buyout opt
appeal after contempt of court
Non acceptance of short notice by employer
My Online EPF withdrawal was rejected three times with out proper reason,
employment fraud
My Employer is not reliving me
West Bengal
Service benefits when shiftes from central govt job to Andhrapradesh govt. Job
Ugc professional post graduation incentive increments
my employer terminated my job without any prior notice and not paying my gratuit
employment
Can husband get pension of his wife after her death.
advice for given issue please
Non refixation of Pension
non payment of salary post resignation and mental harassment
Penalty overtime rates. Mandatory benefits & allowances Public Holidays Leave en
unpaid salary
Andhra Pradesh
Job related
Problem with norice period serving.
MACP AND PRAMOTION REGARDING.
Company shut down
Delhi
Company not paying severance of Rs.50000, this is mentioned in contract
I joined a company and resigned from there when I was on medical leave.
Company Revoked Offer Letter after i have resigned from previous company
I have not received my salalry & F&F
Company refusing to pay me FnF by deducting salary for holidays, weekends?
Delhi govt has increased the minimum wage from from Rs. 20976/- to 21184/- on 1s
West Bengal
Employer not giving resignation acceptance and Relieving
Company policy if breaking internship bond penalty of 1 month stipend.
Relieving from company on hold, even after completing notice period
Company put me on performance improvement plan and threatened to take my job
Corporate Lawyer Consultation
EPFO wrongly charged
Labor Minimum wages act
i need help regards the legal notice i received from my previous employment
Telangana
Transfer me after my redignation
Central Service: Pay fixation
Harrasment
Teachers recruitment not considering presen caste reservation in karnataka
Jobs terminate without notice
employer is not giving experience letter
Odisha
did not receive leave encashment from my company
Gratuity Claims
Transfer me during my notice period. I am on pribation for 11 months
Company terminate me without any reason
I left an organization before the bond period and now they sent me legal notice
Pay fixation
I resign my previous company from last two months and company not release my exp
Job termination related
I have been terminated from my job role without any warning latter
Salary and expenses dispute with company
recovery amount from an employee if some client dues are pending
Was promoted as Junior Assistant after giving type test, can it be reverted?ed
Deduction of salary without any prior intimation or reason
I resigned on 17 nov and my last working date is 13 jan,my co moving it up
Company suspend their branch in Gurgaon but i resigned same day.
Factory produce lot of nose and dust
Fresher Salary
Need to draft at employment contract
Illegal termination from employement
Compassionate appointment in central government
Employment bond
Maharashtra
Previous Employer have deducted TDS but have not paid fully, 1 month salary
Copying in online recruitment assessment and getting the job.
I want to know the full & final settelment rule
CHANDIGARH
Termination of Services
Hi, my father was terminated unlawfully and illegally and had filed a court case
Local Advocate in Hyderabad for Small Filing
company is lockout without any notice at mumbai
Employment conflicts
Company tried to dismmiss to 86 employee without any reson
I want to file a petition in CAT Lucknow against my senior for victimization.
Kerala
My employer is not giving my salary. what to do
Can goverment recover of deth person
minimum wage recover minimum wage act 1948 section 20 recover past 23 years wage
gujarat state minimum wage act 1948 recover minimum wage section 20 past 23 year
Can my ex-employer sue me if I join client's company?
I would like to know what is the law/guidelines of (?) Mark in attendance regist
Andhra Pradesh
Salary issue. its on hold.
Am I eligible to resign, before the pip while serving contract
Problem with Employment
Gujarat
Hi I want some consultant regarding IT employment bond
Maharashtra
Experience Certificate denied by Central Govt Org after resignation
Maharashtra
Experience/Relieving letter
Leaves in UP state govt department
Previous employer not giving experience letter
Is it allowed for an IT company to hire an intern without paying them?
My previous employer is not credited my salary and final settlement
can the employer deduct training cost from the employee salary
employment terminate
THE INDUSTRIAL DISPUTE ACT,1947 SECTION 17B, Payment of full wages to workman pe
I got less amount in my full and final settlement and now they are ignoring me
Employment related
harassment of employees by employer/manager
Employment service agreement
West Bengal
Recruitment Rules
How to get experience and relieving letter
After Resigning need to pay two month notice period and also a lary of two month