1) it is better you meet a local lawyer for review all agreement signed by you
2) based on legal advice take decision whether to resign now or later
Need advice regarding changing job in current scenario
I am working for an IT company and went to Sydney Australia for client Westpac Banking corporation. Originally my assignment was from 15th Feb 2016 to 15th Aug 2016. However, the clients felt that I was not suitable for the job and during one of the meetings on 14th April, I was asked question "Are you liking this role or not ?" which I replied in "No" and thats it, next day I was told to return to India and I traveled back. As per policy, company would spend for 1 time travel expenses for family, however HR refused saying its only for long term contracts (6+ months) and since I chose to return back, the cost has to be bourne by myself. I had no choice but to accept it. I returned on 19th April and now I am thinking to change the company and join another organisation since experience has been really traumatic. My notice period is of 90 days, however I have feeling that they would come up with something and ask me to pay following all legal papers. There are few clauses like employee has to remain in company for next 180 days or pay 30000 US Dollars and so on. Hence I need below 1. Somebody to review all agreements which I had signed before flying to Sydney 2. Suggest if I should resign now or wait for sometime to let the time pass by and then resign. I can show all the documents if required.
Asked 8 years ago in Business Law
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6 Answers
1. Without seeing the terms of the agreement it is very difficult advise more on this.
2. In spite of the signing of Bond the employee cna not be forced to remain with the job if it is traumatised for the employee.
Since you had to borne your own cost towards to travelling from Australia you can not be forced with making any payment.
So you better leave the job if they refuse to release you properly.
Hi, Terms of the agreement is valid only it is completed but here you have returned to India after completion of two months so you have to take that defense and resign the company.
you are bound to perform terms of contract otherwise it may be treated as breach of contract. you should follow the notice period, because it is mandatory for contract and if you breach it you cannot file suit for any remedy.
1. Somebody to review all agreements which I had signed before flying to Sydney
2. Suggest if I should resign now or wait for sometime to let the time pass by and then resign.
If you need the service of any lawyer of this forum to scrutinize your agreement papers and advise you about next course of action or legal options, then you may choose any lawyer from this portal, send the materials to his/her email id, after fixing up the necessary fee formalities you may avail the services and proceed as suggested if you feel the advise was worth enough to move ahead.
You can resign only in accordance with the contract which ranks sacrosanct. The breach of contract is remediable through a lawsuit for damages and also injunction to restrain you from joining another employer. Sans a threadbare perusal of the employment contract and other agreements executed by you it is not possible to state anything. So engage a lawyer to this end.
