Legal Question in Employment Law in India

Can a comp. bound an employee during resign & before relieving.

I have resigned on 10th oct 2006 from my company but I am here till now because of one month notice is my employment condition.In this notice period company issued me a letter stating that I cannot join any company within three year after leaving from here ,who has same type product & design.If I do that I will pay three lakh+damage calculated by company.If I donot sign this letter they hold all my payments e.g. gratuty,Salary,Bonus,Leave incashment,PF etc.

I signed it with condition that ''I already resigned from the company on 10-10-2006.There is no meaning of this letter for me.

Pl suggest what to do, they can hold my releaving & payment now.I want to be releaved by 9th nov as per terms of notice period.I still donot have any acceptance letter from management yet now.Only one reply mail of our VP is with me, stating negotiation & non acceptance.In our company nobody is able to accept my resign letter.Is Mail is sufficient for notice to management. I want to leave from here before 10th nov.I resign letter I mentioned family & personal problem.


Asked on 11/02/06, 6:21 am

1 Answer from Attorneys

Re: Can a comp. bound an employee during resign & before relieving.

dear sir, in reply firstly you appointment letter is to be seen and if there is no condition/agreement to the effect that you can not work in competitive company then the company can not force you.you must not have to sign the letter issued by the company.if company holds your payments then approach the court for recovery.sendind the notice for resignation by e-mail is sufficient but in precaution you may also sent the letter refering your earlier resignation letter by registered post etc.

in case of other query/assistance cal me on 9873343288(delhi).

thanks.

siddharth

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Answered on 11/03/06, 3:39 am


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