Job Agreement
3 months ago
Sir, I was selected by a pvt company.I had to join on 15th of January 2024.For this they have get my signature on an agreement printed on plain paper.In agreement clause is mentioned as i will work atleast one year and will serve three months notice period after this to quit job.They have also taken my education certificates as security.But later on my mind changed.Now i don't want to join there.I have not joined there.Now company's director is refusing me to handover my certificates.Please suggest me what i can do in this situation.Regards, Manish
A.Dear Client,
A service or employment agreement, in itself, does not establish an employer-employee relationship until both parties fulfill the necessary steps to validate and enforce the agreement under the law. Section 27 of the Indian Contract Act, 1872 prohibits agreements that restrain trade and profession. It clarifies that an employment bond becomes illegal only if it restricts someone from engaging in a lawful profession, trade, or business. Holding original academic certificates by an employer when one doesn't join the assigned position is considered unfair labor practice. If you're not in a managerial or supervisory role but classified as a workman under the Industrial Dispute Act, serving a legal notice to the company and filing a complaint with the Labour Commissioner for alleged unfair labor practice could be a course of action. Alternatively, if the situation demands, filing a civil suit in a Civil Court seeking appropriate relief against the company is an option.
Thankyou
A service or employment agreement, in itself, does not establish an employer-employee relationship until both parties fulfill the necessary steps to validate and enforce the agreement under the law. Section 27 of the Indian Contract Act, 1872 prohibits agreements that restrain trade and profession. It clarifies that an employment bond becomes illegal only if it restricts someone from engaging in a lawful profession, trade, or business. Holding original academic certificates by an employer when one doesn't join the assigned position is considered unfair labor practice. If you're not in a managerial or supervisory role but classified as a workman under the Industrial Dispute Act, serving a legal notice to the company and filing a complaint with the Labour Commissioner for alleged unfair labor practice could be a course of action. Alternatively, if the situation demands, filing a civil suit in a Civil Court seeking appropriate relief against the company is an option.
Thankyou
Helpful
Helpful
Share
A.Dear Sir,
You have to approach police as they are not suppose to take your originals and later black mail you.
You have to approach police as they are not suppose to take your originals and later black mail you.
Helpful
Helpful
Share
A.Dear Client,
When you did not report for assignment in terms of appointment letter, any agreement signed by you is not enforceable upon you. Until and unless a selected person resumes his official assignment in terms of the offer letter it is typically termed as abandoned. A service/employment agreement/bond itself does not create any relationship between an employer and an employee unless and until it is followed by the essential steps required from both sides to make the Agreement/Bond valid and enforceable under the law. Section 27 of the Indian Contract Act,1872 which prohibits any agreement in restraint of trade and profession. The law states that an agreement (employment bond) will be illegal only if it restrains someone from exercising a lawful profession/ trade/business. Thus, withholding your original academic certificates by the employer when you did not join your assignment is amounted to unfair labor practice. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Otherwise, you need to file a civil suit against the Company in Civil Court seeking appropriate relief in the matter.
When you did not report for assignment in terms of appointment letter, any agreement signed by you is not enforceable upon you. Until and unless a selected person resumes his official assignment in terms of the offer letter it is typically termed as abandoned. A service/employment agreement/bond itself does not create any relationship between an employer and an employee unless and until it is followed by the essential steps required from both sides to make the Agreement/Bond valid and enforceable under the law. Section 27 of the Indian Contract Act,1872 which prohibits any agreement in restraint of trade and profession. The law states that an agreement (employment bond) will be illegal only if it restrains someone from exercising a lawful profession/ trade/business. Thus, withholding your original academic certificates by the employer when you did not join your assignment is amounted to unfair labor practice. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Otherwise, you need to file a civil suit against the Company in Civil Court seeking appropriate relief in the matter.
Helpful
Helpful
Share
Read Related Answers
Termination of contract
Dear client,
Please verify with the terms and conditions of the contract verify with if the project has been suspended temporarily or permanently. you can send a legal notice to the company for breac...
West Bengal Tender for Fortified Rice
Dear sir
You may challenge negative order either before higher authorities or by approaching civil court or High court.
Breech of Employment Agreement
Dear Client,
Here are the responses to your query no.1) What are some legal actions that they can raise? Ans: The company can file a civil suit against you for damages caused by a breach of its policy...
Fraud money by friend
Dear Client,
Unfortunately, in the absence of any documents/evidence supporting your claim from your friend, there is no possible way or legal remedy to recover the money from your friend even through...
civil law
Dear Client,
When a suit related to a property is sub-judice(pending) before a Court of Law, that cannot be a subject matter of an agreement or contract. Being aware of the facts if the parties made a...
Read Blogs on Contracts and Agreements
Contracts and Agreements Lawyers
Find Lawyers by Location
