Legal Question in Employment Law in India

Regarding Swith Over Of Job

I work for a software company. I have been over burdened and paid late during the month also. Recently one of the senior manager resigned and wanted to join the rival company and offered his team the same oppurtunity. Since I found my future not secured after the senior manager leaves I decided to go along with his offer. This decission was taken by other senior colleagues of mine too. And it resulted in 5 senior people resigning at one moment and presumed to be joining the rival company. Now the current company is charging us of conspiracy with the motive of destroying the company. This caused a lot of headache cause of which we resigned with immediate effect and did not serve the notice period either. They have send a legal notice asking to resume on work with immediate effect and not to join the rival company. I had signed a contract with the current company which is already expired and they have not renewed it. But with the increment letters they have been mentioning that ''the terms and conditions are the same as mentioned in the contract''. The new employer is supporting us right now but may not do so in future. Currently they are ready to bare the legal expenses but what If i leave the new company in future. Please advice.


Asked on 12/28/05, 11:45 am

2 Answers from Attorneys
Srinivas Kotni Corporate Lexport

Re: Regarding Swith Over Of Job

Hi,

Answer to your dilemma is given under Section 27 to the Indian Contract Act. Your old company cannot force you to work with it for life. you have freedom of avocation and employment, so have your colleagues.

If your employment agreement had a notice clause it should also contain salary in lieu of notice. You should pay the notice salary and get going.

Any case I dont know what the allegations are in the legal notice served on you. If they are baseless then there is no problem.

Hope I am clear.

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Answered on 12/29/05, 12:54 am
nagendra naik Naik&Co,

Re: Regarding Swith Over Of Job

it is not a serious problem. there will be default clause in the agreement. personal contracts are not enforcable as they wish. it is enfocable only to the extent of traing expences. however you can be advised properly looking at the agreement.

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Answered on 12/29/05, 5:06 am


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