Breach of service agreement
Sir, I joined LNT INFOTECH on 17th oct, When my training period started, I came to know that, the post they are giving to me is not of my interest. Then i personally met my HR to change my work domain, he refused. Then I mailed him about the matter that please change my domain. But he didn't answered. Then I left company after 23 days of my training. Even i didn't get salary of first month. They expensed money on me for training only. Now they are claiming 2lacs. They sent me a notice from their LAWAD to come there and pay money. Now what should i do? I don't want to pay money. Right now I am a student of MTECH.
Asked 1 year ago in Civil Law from Mahesana, Gujarat
Hi, don't bother too much about Notice you just reply the notice through the advocate.
2. They have to file a suit for recovery of money before the court and they must prove before the court that under what grounds they are claiming the money and it is very difficult to prove before the court.
3. Pls clarify to me whether you have entered any agreement with the company and if yes then only you are liable to pay the amount.
Nothing to worry, you need not pay. Rather send a legal notice claiming your 23 days salary which would counter their unfounded demand.
However I hope you have not signed any bond with your employer. If yes then the same is required to be seen to reply further.
The terms of your employment is to be seen for giving a proper opinion.
Have you followed the procedure for resignation?
Did you sign any bond for the training expenses?
What are the terms of resignation?
What is the notice demanding and what are the clauses that have been mentioned in the legal demand notice?
You should always give a reply to the notice or else it will be construed that you have accepted their charges and the demand
consult a local labor law practicing lawyer and proceed further on his advises.
1) send a detailed reply to legal notice
2) in the reply mention that you have not signed any bond wherein you were required to serve company for X period
3) at no stage you agreed that in the event you leave company before period of X years you would reimburse company for expenses incurred in training
4) contact a local lawyer
You acted in the most cavalier manner. If the work profile was of your interest or not is something which you should have decided before joining. You could have left the employer without complying with the rules laid down in the employment agreement then you are liable to compensate the employer in addition to refunding the money spent on you. It is in your interest to pay back the amount sought from you lest they drag you to court.
issue a reply through counsel and sit tight then can not do any thing against you except the filing of civil case for recovery of money in which they may not be succeed. remain is depend on your appointment letter and termination clause or resignation clause.
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Advocate, New Delhi
Yeah, I have signed bond of 2 years of LNT INFOTECH, in case I breach the bond, I am liable to pay 2 lakhs rs.
So now what can I do to save my money? What is the best solution of this situation? I dont have that much money. Can I ask them for list of expanses done on me? How can I convince them to forgive me and finish this issue by offering them the amount of expanses done on me in period of that 23days?
Asked 1 year ago
If you have signed the bond then it becomes your obligation to either serve the company for the stipulated period or to reimburse them the expenses they met on you.
Well what are the conditions of employment?
Wait for them to file a recovery suit, you can challenge it on the merits on your side.
Hi, once you execute the bond it is your duty to act as per terms of the bound so if the Company go to the court for breach of the agreement then you are liable to pay the amount.
2. It is better tried to settle the matter amicably.
1) if you have signed the bond you are bound to serve the company for period of 2 years
2) it is necessary to peruse bond signed by you to advice .
3) in the bond it must be mentioned that if employee leaves organisation before completion of 2 years he has to pay the expenses incurred for training which have been quantifed at Rs 2 lakhs
The best solution is to arrive at an out of court settlement by offering to pay them the expenses incurred on you, which offer they may reject.