Employment service agreement - 3 years
2 years ago
Hi,
2 years ago, I joined a corporate organisation by signing 3 years of service agreement. Initially the organisation provided training for 3 months. The probation period mentioned is 6 months and the notice period mentioned is 3 months.
After 8 months from date of joining, I have been placed in projects and now I have served the organisation for 2 years inclusive of training. The wages provided by the organisation is very less when compared to market standards for my job position. I can't manage to work anymore with very less wages.
So, recently I have sent my resignation with 1 month notice as I got a good opportunity in another organisation with good wages. But my current organisation is not accepting my resignation and they are asking me to pay the compensation amount of Rs.2,00,000 for providing my experience certificate as mentioned in service agreement, which I am incapable to pay.
Now, what should I do to get my experience certificate in order to join in another organisation ?
Thanks in advance.
Lucem Leg
Responded 2 years ago
A.Dear Sir,
It totally depends on the contract which you have entered into at the time of joining the company. If there is clause regarding the resignation that you will have to pay that amount of money to the company then you are bound as per the contract. But if there is nothing written that you have to pay that much amount of money then you have the right to go legally against the company. On talking about leaving the company, you can leave the company and they cannot make you stay. I will only suggest you to first go through the contract and then take legal action against the company.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
That depends upon the agreement between you and the company. If there is such a clause, you are abide by it. But that doesn't means that you can't give resignation before 3 years. Company can't force you to work there and you can also move legally to challenge the validity of the said clause in the agreement if it is not reasonable.
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The company can't force you to work there in any ways. You can give resignation but if there is such a clause in the agreement, you have to follow it. If that stipulation is not reasonable, you can challenge that stipulation in the court. For that, you have to contact a lawyer.
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Vaidehi Samant
Responded 2 years ago
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