• Resignation

I'm a 22 yr old graduate and this is my first job, I was told to work as a business relations assistant and they've made me sit on front desk as a receptionist, I'm not learning anything worthwhile and I feel like I'm wasting my time and resources. I'm done with 6 months of my probation period and thought I'll atleast wait for 6 months more to resign cause as a fresher I want to atleast be in a company for a year. My termination clause states that, 

'' Your appointment is terminable by the management after giving 30 days’ notice or by giving you 30 days 
wages in lieu of notice. However you won’t be able to leave the employment on your own before completion 
of 2 years of continuous service. '' 

My question is can I resign? There is also no mention of a bond or any bond breaking amount and neither have I achieved any training by the company for the bond to be valid. I'm quite stressed about it as I hate what I'm doing at the moment but I'm holding on to atleast 6 months.
Asked 13 days ago in Labour

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9 Answers

Hey,

since it is mentioned clearly in the agreement, no you can't resign from the company because they can file a suit against you for breach of contract. 

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Anik Miu
Advocate, Bangalore
184 Answers
1 Consultation

5.0 on 5.0

- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.

- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- Further , if you will resign during your probation period , then no law will be applied and you are even not bond to work for the notice period .

- Hence, for your better prospect , you can tender your resignation any time after giving a written notice. 

Mohammed Shahzad
Advocate, Delhi
5973 Answers
60 Consultations

5.0 on 5.0

Terms of appointment letter are one sided and in favour of employer 

 

as per appointment letter you have to work for period of 2 years 

 

if you leave before expiry of 2 years company would not give you experience and relieving letter 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

1. It appears that you as an employee is being harassed as per your narration, especially " Your appointment.... by the management after giving 30 days' notice or by giving you 30 days' wages in lieu of notice. However you won't be.......  before completion of 2 years of continuous service". These terms are one sided and unilateral and tilted towards in favour of the employer. 

2. Since you have neither signed any bond nor any specialised training was given to you by the employer, you are free to resign from the services without having to pay anything to the employer. If you do not require relieving letter and/or experience certificate, just send your resignation letter to your employer through email,  requesting for immediate relief and relieving letter, only after ensuring you return all the properties belonging to the company, like Laptop, etc and obtain acknowledgement.

3.  If the employer creates any problem, complain against the employer to the jurisdictional Labour Commissioner and request for his intervention to resolve the issue.

Shashidhar S. Sastry
Advocate, Bangalore
3347 Answers
190 Consultations

5.0 on 5.0

You cannot be held by the company against your willingness if you do not want to be employed with the company anymore. 

You have not mentioned that if you have executed any employment bond with the employer.

Even if you have executed an employment bond, you need be worried about it. 

The validity of Employment bonds can be challenged on the basis of Section27 of the Indian Contract Act. Section 27 of the Indian Contract Act, 1872 prohibits any agreement in restraint of trade and profession. Any agreement in trade and profession according to Section 27 is void.

As per the mandate of Section 27, any terms and conditions of an agreement which 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 under the Indian law, The employee has right to resign from the employment even if he has agreed in the employment bond to serve the employer for a specific period of time.

The employment bond is considered reasonable as it is necessary to protect the interest of the employer. However, the restraints stipulated upon the employee in the contract should be “reasonable” and “necessary” to safeguard the interests of the employer or validity of bonds comes under scrutiny. The employee cannot be compelled to work for any employer by enforcing the employment bond. In the event of a breach of contract by the employee, the only remedy available to the employer is to obtain a reasonable compensation amount.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

As there is no clause covering damages you can resign by giving notice period.

Regards 

G.Rajaganapathy

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1843 Answers
8 Consultations

4.9 on 5.0

Resign at once on the medical ground.

Koshal Kumar Vatsa
Advocate, Gurgaon
2271 Answers
3 Consultations

5.0 on 5.0

Hello!

Yes, you can resign. These are standard unfair practices followed by employers to exploit their employees. If at all the employer sues you in the court for breach of contract, the same can be defended. It is highly unlikely that they will take this step for such trivial issue because it will cost them a huge amount to engage services of an advocate and fight out a case.  

Please ensure that you communicate your resignation via e-mail or letter (retain a copy of the letter with you) and mention the reasons for your resignation. 

Best wishes.  

Agam Sharma
Advocate, New Delhi
617 Answers
4 Consultations

5.0 on 5.0

Yes you can resign after giving any notice period if any in your offer letter

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

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