• Resignation issue

Dear Sir / Madam,
I need a clarification.
I'm working in SRM college as Assistant Professor on a contract basis for 1 year. And my bond with the college tells that I should give 3 month notice period before resigning the job or pay 3 month salary as compensation.
Now I got placed in another college, but in SRM they are telling me to work for another 3 month or pay 3 month as compensation.
Do this agreement work in India?
What can I do now, Sir / Madam?
Asked 6 years ago in Labour

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14 Answers

From the Bond it is to be seen whether the option of notice pay or work during notice period depends on the discretion of the employee or the employer.

If the discretion lies on employer then it can insist on service during notice period only.

However if you can dispense with the release letter then you can refuse to serve during the notice period and quit the join after sending money for 3 months time.

 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Yes, please try to negotiate with the management to buy back the notice period , otherwise they will not issue relieving letter or exp. letter which is very important for you, tell them to take only one month's salary.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Yes the agreement is valid in India as per agreement either you have to serve the notice period or you have to pay salary in lieu of same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

Yes this does work in India. 

If you violate the same then this will be a breach of contract and the SRM college will have all the right to file a case against you for breach of the contract. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Bond condition is valid up to payment in lieu of notice period. 3 month notice period can be defaulted. You cannot be forced to work against your wish. You can leave without payment. IF they approach court than can pay. It is not necessary, college will go to court for recovery.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

You are bound to give 3 months notice or pay salary in lieu of notice period 

Ajay Sethi
Advocate, Mumbai
99839 Answers
8148 Consultations

If you break the bond they may file any suit for the same.  In India rarely someone goes in court for such issues.  You can take the risk

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

You should have informed the college when you got appointed for the post. You can either tell the college authorities to wait for 3 months while you finish the notice period or reach some kind of agreement with the current college regarding 3 months salary. Yes this agreement can be enforced. Or you can simply ignore the agreement and go ahead and join.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You have already signed the employment contract wherein you have agreed to the term that you shall give three months notice of pay 3months salary in lieu thgere bof while submitting your resignation.

 

2. If you do not comply with the said terms the College might not issue you the release letter which you shall require for joining your new organisation.

 

3. It will be prudeent on your part to pay the 3 months salary if you can not give 3 months notice since the said terms is very much valid and acceptable in India. 

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

you have to comply your bond.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

This is the condition to which you agreed while signing the employment offer letter.

You cannot agitate or refuse to comply with the said conditions as you have agreed  to the condition while taking up this employment.

This is not illegal and you cannot fight against this in any court of law since it will not be maintainable.

 

T Kalaiselvan
Advocate, Vellore
90039 Answers
2498 Consultations

Yes, if the contract of employment stipulates three months' notice or salary in lieu of it, you are bound by it. The employer has the right to enforce the condition. However, you may request the employer to waive the condition. Please note in such a case, waiver is at the discretion of the employer, and you cannot demand it as a matter of right.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

It is a valid clause as per law of contract .

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

  1. As per the information mentioned in the present query, makes it clear that this is the clause in the agreement on which you have already signed.
  2. So, it would be difficult for you to not to comply with the condition of three months notice or three months salary as compensation.
  3. Though it is also correct that the same agreement seems like only for the purpose to harass employees like you as just for year contract, three months condition is there.
  4. If you wish then you can challenge the same agreement even after joining at new place, but take your legal remedies as soon as possible the moment you join at new place.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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