• Service agreement

Sir, I have signed a service agreement for 2 years of my company.On july 22, after completing 1.6 years in the company,i put my resignation due to continuous health issues.But i didn't get a written response from my manager and Hr regarding my resignation.Meanwhile,my manager and lead is behaving very badly to me regarding my resignation.Same time Hr is asking for money of 1 lakh through phone that is mentioned in the service agreement.They are saying that if I gave that I can relieve from the company very smoothly.Till now they have not given any written reply to me.Due to this continuous presssure,i left the company on 31 july by informing my manager.Sir,is there any legal issue will come regarding this.
Asked 6 years ago in Labour

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7 Answers

Hello,

1) As regards your breaking the service agreement, you can be held liable only to the tune of the remaining time that you did not complete as per the Agreement. You have the option to offer the prorated amount in lieu of the relieving letter.

2) As you observed in most cases the company dues not pursue an employee who did not complete the term of Agreement.

3) You must take the offensive by sending the company a notice demanding your relieving letter. Send a detailed email before you go for a legal notice.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

Hello,

1) See if the company in general has not filed a case against anyone then chances are bleak that they ill file a case in your matter, however you can be held liable for breach of contract and that too only to the extent you have breached the same.

2) You do not need to worry about the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1) you have failed to work for 2 years as pr service agreement

2) company can declare you as absconder as you failed to work for period of 2 year

3) refuse to give you experience / relieving letter

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

if company has not taken action against other ex employees doubtful it would sue you

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

1. Is there notice period mentioned in the agreement? If the answer is yes then you must either serve the notice period or purchase it.

2. Merely because the company has not proceeded against the previous defaulters, does not stop it from proceeding against you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You have not mentioned abut the employment terms and conditions mentioned in the employment offer letter.

If you have agreed for the notice period then it becomes your duty to comply by that condition as per the terms.

Now leaving the job without permission can be considered as illegal and you may be declared as deserter.

The consequences may be undesirable hence you got to be careful in that regard.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Till now company has not taken any actions against those who break the service agreement.There are peoples who not even send a resignation.Did the company go for the case in this case.

You cannot take things for granted. Who knows what is in store in your fate?

All days are not Sundays.

If the management decides to take legal action as per the law then you will be fishing in troubled water

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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