Breach of employment agreement
I am working as an IT Professional in an organization from 1st April 2013-present date.
At the time on joining i signed 2 years agreement with the organization worth 1 Lakh INR which is ending on 31st March 2015.
From past 6 months at this organization i have no project and sitting idle which i presume will spoil my career. Also company has provided me a training worth 32,000 INR
I have resigned from my current position and my last day is 20th November, but they are asking for complete amount 1,32,000 INR for remaining four months also. I have no issues in paying them 32,000 for training and the remaining four months on the pro-rata basis but they are not agreeing that i have tried conveyancing them multiple times. They said once you pay the full amount then only they will give the relieving and experience letter, the company which i am joining is asking to submit the relieving letter at the time of joining which is on 24th this month. If i don't pay them they will not relieve me and i would not be able to join the other company, which may spoil my career. Is there a way if i pay them for now and get my relieving letter and after that send them a legal notice to compensate me for the recovered amount, if i file a suit is there any chance that they create problems at the time of background verification for new employer, please suggest a legal way.
Asked 10 years ago in Labour
Shaveta Mam,
As i said above, i have tried all my ways to conveyance them, but they are not even ready to listen. They are not ready to give anything in written on this bond thing. Even in my final settlement they written as 'other deductions'
However, I have taken all recordings of them in my mobile phone, can i use the same as valid proof in court? Also the bond does not have any clause of pro-rata it was just my assumption.
I have decided not to do anything now, as i need relieving letter, but later on will send them legal notice and will file a suit. is that a good approach? as i dont want to play with my career at this stage.
Asked 10 years ago