Legal consultant job related
7 months ago
The company offered me a letter which states that if I do not join after accepting the offer letter then I have to compensate for the 30 days period. The letter also states that I have to accept the letter within 24 hours. After receiving the letter I replied that I acknowledge and accepted the offer letter. But within 24 hours some of my family member passed away and I had to leave. I didn't join the company and went back to my home and I informed about the same through mail. Do I have to face any legal consequences ?
A.Dear client,
Generally they get you sign a bond paper that in case you left the job in certain duration then you'll have to pay the amount agreed to them. if you have signed such agreement then you'll have to pay that amount and leave the job otherwise you could just submit your resignation to you boss or HR manager.
Generally they get you sign a bond paper that in case you left the job in certain duration then you'll have to pay the amount agreed to them. if you have signed such agreement then you'll have to pay that amount and leave the job otherwise you could just submit your resignation to you boss or HR manager.
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A.Dear Client,
Under unavoidable circumstances which is beyond your control, you failed to comply with the conditions of the offer letter after its acceptance and you informed the reason behind your failure to Company by mail. So, your joining the company in terms of the offer letter will be delayed for an unpredictable and unavoidable reason and applying the principle of force majeure which is defined as unforeseeable circumstances that prevent someone from fulfilling a contract, the Company cannot claim compensation/damage from you for breach of contract. A party is not liable for a failure to perform the contractual obligation if he can prove that: (1) the failure was due to an impediment beyond his control; (2) he could not have reasonably foreseen the impediment at the time of the contract formation/acceptance; and (3) he could not have reasonably avoided or overcome its effects. Section 73 of the Contract Act, 1872 makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party. So, if the Company takes any action against you for your delayed joining for recovery of compensation for breach of contract, then reach out to an Advocate for guidance and steps to defend the claim suitably after serving a legal notice to the Company.
Under unavoidable circumstances which is beyond your control, you failed to comply with the conditions of the offer letter after its acceptance and you informed the reason behind your failure to Company by mail. So, your joining the company in terms of the offer letter will be delayed for an unpredictable and unavoidable reason and applying the principle of force majeure which is defined as unforeseeable circumstances that prevent someone from fulfilling a contract, the Company cannot claim compensation/damage from you for breach of contract. A party is not liable for a failure to perform the contractual obligation if he can prove that: (1) the failure was due to an impediment beyond his control; (2) he could not have reasonably foreseen the impediment at the time of the contract formation/acceptance; and (3) he could not have reasonably avoided or overcome its effects. Section 73 of the Contract Act, 1872 makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party. So, if the Company takes any action against you for your delayed joining for recovery of compensation for breach of contract, then reach out to an Advocate for guidance and steps to defend the claim suitably after serving a legal notice to the Company.
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