Legal Question in Employment Law in India

Hello Sir,

I would like to get an advice from you regarding breaking one clause in the bond between me and my employer.I am working for an Indian company and deputed in Europe.I have been working at on sight for 4 years.

I have a current LOA (Letter of Agreement)or bond with my Indian employer that I shall not seek employment with the client.My Client is ready to hire me as they found me as a critical resource .I also would like to join them as it is good for my career.Also my current contract with the client is ending in a month and the client don't want don't want to extend my contract further being an employee in Indian company.

They have not written anything on the bond that what if I break the bond.I am ready to pay them a compensation with in my limit but at the same time I don't want to pay any fancy amount if they say so.

I have also 2 months of notice period which I doubt I can fulfil at this time.

Also the client is ready to extend another person's contract further so that I am not making any loss for the current Indian employer.

If I join the client company Do you think my Indian Employer can do anything legally against me ?

Also in that case can I claim the my PF and gratuity from my Indian employer..?

Could you please advise here?

Thanks,

Sanjay


Asked on 10/02/12, 5:12 am

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Unless a lawyer goes through the contents of your bond, it is not safe to give an opinion. You may visit my website www.karvai.in and read more on labor laws.

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Answered on 10/02/12, 10:31 am


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