Legal Question in Employment Law in India

Validity of Agreement with the Employeer

Hi,

I am a citizen of India and currently residing in USA from past 5 years.

The question is my earlier company, which is an Indian company sent me on-site to USA on Feb-03. For this on-site assignment I have signed an Agreement for a period of 12 months stating from Feb-03. Even though the initial On-site assignment was for duration of 12 months but the assignment extended up to 36 months.

After 36 months I have changed my company. Now my previous company asking for monitory penalty for breaching the contract.

I would like to know is this agreement enforceable as the agreement was only for 12 months and the company forced me to stay on-site for 36 months. There were no any additional agreement has been signed as extension of the initial agreement.

Your opinion on this will be a great help.

Thanks


Asked on 11/21/06, 10:37 am

2 Answers from Attorneys

Re: Validity of Agreement with the Employeer

Dear madam,

the details of agreement is required to be seen.nevertheless if the agreement was for 12 months only then Agreement ceased to exist after 12 months.Agreement expires by afflux of time and your previous can not claim damages.

for any other query/assistance cal 9873343288

thanks.

siddharth

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Answered on 11/24/06, 2:10 am
Srinivas Kotni Corporate Lexport

Re: Validity of Agreement with the Employeer

The exact wording of the contract would be of much help to convey our firm views on this.

What is the notice period given in the contract? Did you give notice before leaving the company?

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Answered on 11/21/06, 10:46 pm


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