Recently was on business tour in UK and during these journey had received job opportunity at UK/(my client location) . when i back to India after 75 days at my base location i resigned from my post immediately.and after resigned for full and final settlement my employer gives me estimation of 4lakh rupee .as its huge amount so i left company without surviving the complete 3 month notice period and joined the client location directly .yesterday i received legal notice from my previous employer .
here is the brief about the legal notice
1.issued due to the breach made by you of the employment agreement.
2.at the time of joining you signed following agreement
"during your employment you may sent to overseas assignment to customer and return to base location(both voluntary and involuntary resignation would be considered as breach )of employment by you in less than 6 months from the date of return to base location. company will be entitled to recover the cost of investment involuntary resignation would include non performance fraud etc. and the investment cost would minimum be the expenses incurred on visa and travel."
3.during course of your employment you wilfully signed the non disclosure agreement contains
4.and according to them i have violated above clauses of employment agreement such as intellectual property,confidentiality.also mentioned that best of our knowledge you have made breach of above clauses by not completing the period of 6 month which is essential after an assignment overseas that there exists a condition in the agreement that employee will not join a competitor company for a period of 2 year from his last working days.
5.The said act of yours amount to an offensive of cheating under the Indian panel code that if you are totally ignorant regarding the provisions of law section 405,406,and 420 which pertain to criminal breach of trust & cheating under Indian panel code given to you perusal.
6.your act of providing services to competitor knowing the existence of provisions of prohibiting the same amount to criminal conspiracy u/s120A if IPC 1860 which is punishable with imprisonment of wither description for the term not exceed 6 month or with fine or with both.further more the copyright act 1957 provides for civil remedies by the way of injunction damage account and other wise as well as criminal remedies by the way imprisonment for the term not less six month which may exceed to 3 year and with fine not less than fifty thousand rupee which may extends to 2 lakh rupee
7. it is conveyed to you that considering the above facts you are required to
a) pay damage amounting of Rs.4,12,000 lakh only consequence of breach of employment agreement.
8. provide us undertaking stating that you will not hence forth engage in providing any service to any competing organisation and that you have not provided and will provide any confidential information to any organisation.any confidential information belonging to my client is found my client to be compensated for the same in form of unliquidated damages.failure to do as directed above shall compel as to file a civil suit as well as criminal case against you.
9 the cost of this notice being Rs. 20,000 are put against you.
now my question.
1. i have not cheated anything.
2.how 4 lakh become damage cost for me
3.its really become mental harassment for me.
4.what happened if i don't pay such money
5. most imp im not working with any competitor im working with client (whose actual product it is) my previous employer are service provider not manufacturer so how they can claim for confidentiality things from me.
6.if i pay there amount so i shall continue my work with client right? or i will loss my job?
please help me out .
can any lawyer in Mumbai share email id with me so i can meet him personally as well
please provide me solution on above . i want to close these matter as soon as possible.
Asked 2 years ago in Labour from Mumbai, Maharashtra
A. Really amazing legal notice issued by your previous employer and this notice speaks for itself that issued for threatening the employee not serve legal requirement.
B. Have you received relieving letter from the previous company? It can be presumed that your resignation has been accepted in written letter and settlement amount credited your bank account. In case if you received the same or settlement speak for itself all the transaction, pending works has been completed and everything handover by the employer, so we don't have any objection to releive him. This is the Final settlement legal presumption.
C. You need to cross verify the Non disclouser agreement clauses and Key Responsiblity Area in your appointment order to contemplate whether any work connected with the terms of the agreement. However, notwithstanding your KRA connected in the said agreement that it is very difficult to estabish before the Court of Law by providing materials evidence.
D. You better send a Reply notice to the previouse employer by denying the all the facts and counter claim for 5 Lakh for mental agony and harrasment.
E. Even though if you committed a crime which is highlighted in the notice itself that would come under the Criminal offense so it is not a matter of legal notice becuse if you had been really breached the confidentialiaty and divulged the non disclouse information to any other companies that would liable to lodge the criminal complaint before the police station and FIR against you. Therefore, it is totally cock and bull story and there is no clinching proof as you mentioned it is a service provider company ther is no question arises about breach of non disclouse agreement. You can file a suit before the court of law for the damages for mental harrasment.
1. There has been a breach of employment contract by you. Your employer is treating this as an offence of cheating,
2. Your employer considers the damage is valued at Rs.4 Lakhs,
3. & 4. If you do ot pay, they may file a case against you claiming the said amount and the Court will decide on the matter after hearing both the parties,
5. You can contest the case filed by your employer on the stated ground,
6. Yes, if you pay the damage claimed by your employer, your such alleged berach of contract is compensated by you and you can wirk for the second company.