Legal Question in Business Law in India

Guys,

I am really stressed.

I signed an offer but later due to personal reasons, rejected it (1 week from date of joining) by informing the employer in a very mild manner. However, the employer has issued legal notice, saying that I have to either:

A. Join the organization on said date and then resign and serve 3 month notice period; or

B. Pay 3 month salary in lieu of notice period within 3 days.

Otherwise they will take legal action. I read the offer letter, there is no mention of penalty.

Only in the Termination clause it is mentioned that either party can terminate contract by giving a notice of 3 months or 3 months salary in lieu of notice period.

But I have not even joined, how is it enforceable???

Please help :(

- Ayaan


Asked on 6/01/15, 3:11 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

01.06.2015

Dear Ayaan,

You are free to reject the job offer anytime before joining the Company. You are in no way liable nor bound to join the Company, and nor are you legally liable to pay any money to the Company for not joining them. Termination clause remains applicable after you have joined the Company. Let the Company take whatever legal action they wish to initiate against you. which will not sustain in the Court.

Regards,

Read more
Answered on 6/01/15, 3:48 am


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