Employment Contract Breach Guidance

Summary

Leaving a company early during a training period can lead to breach of contract issues. Review your contract for penalties, check if any cheques were cashed, and consider negotiating with the company, emphasizing your trainee status. If HR does not provide the contract, request a written copy and document all communications. You may also explore pro bono or low-cost legal services in Gujarat or approach the Labor Court for guidance. Mediation might be an option to resolve the issue without court involvement.

Full Conversation

Okay, so I got college placement in company, company says that we need to sign contact for 30 months which includes 6 months training with * stipend and they ask me to give * cheque,and then salary of *.* CTC, but I left company in 3 months in training period, as I don't able to accept work and it affect my confidence, so what can I do if they do legal action on me
Hey ****, leaving the company early might lead to some legal implications if there's a breach of contract. Here are a few points to consider:
- Review the terms of the contract about early termination and penalties.
- Check if the company encashed the cheque.
- Try negotiating with the company for a settlement.
Would you like to consult with local lawyers for more personalized advice?
But as I'm Trainee and they don't spend any external training cost on me
Hey ****, since you're a trainee and they didn't spend any external training cost, you might have a strong argument. Here's what you can do:
- Contract Terms: Double-check the contract for clauses related to training costs or early termination.
- Cheque Status: Verify if the cheque has been encashed.
- Negotiation: Consider discussing with the company, emphasizing the lack of external training costs.
If you want to explore legal options or get connected with local lawyers, I can help with that. Would you like to proceed?
I don't have money to pay lawyer and company and they said I breach contact as I left early without prior information
Case Rating: *
Hey ****, since you left early without informing the company, it's important to review your contract thoroughly and confirm the status of your cheque. You may try negotiating with them highlighting your trainee status. If you need help negotiating, finding a pro bono or low-cost legal service in Gujarat might be beneficial.
Hello ****, This email is in reference to your recent communication regarding your resignation. We would like to highlight that your last two emails are contradictory, and we do not find your explanations to be consistent or acceptable from a policy compliance perspective. It is concerning that you have abruptly stopped reporting to work without any prior discussion or formal communication with your Reporting Manager or the HR department. Additionally, critical company assignments have been left incomplete, which reflects a lack of professional accountability. Such actions constitute a clear breach of the terms outlined in your employment agreement. As per the mutually agreed policies, the company reserves the right to initiate appropriate actions in response to non-compliance and abandonment of duties. We request you to complete the required exit formalities at the earliest.
Case Rating: *
Hey ****, it seems the company is asserting breach of contract due to your early departure. It's crucial to:
- Review any specific penalties for leaving early in your contract.
- Check if the cheque for ₹*,* was cashed.
- Consider negotiating with the company, perhaps highlighting the trainee aspect.
If you need assistance with negotiation or legal options, pro bono or low-cost legal services in Gujarat might be worth exploring.
First tell me if any other employees face this issue and what court do
Case Rating: *
Hey ****, it's a challenging situation. Many employees face issues related to breach of contract, especially during training periods. For your specific case, you might want to consider approaching the labor court in Gujarat. Would you like more detailed guidance on how to proceed with this?
Yes
Case Rating: *
Hey ****, since many employees face similar issues, you can approach the Labor Court in Gujarat. Here are some steps to consider:
- Gather evidence: Collect all relevant documents like the contract, emails, and cheque status.
- Visit the Labor Court: You may want to seek advice from the court on filing a complaint.
- Consider mediation: Sometimes, mediation can resolve these issues without going to court.
If you need further assistance with this, you can consider reaching out to local legal services for guidance.
What if hr do not provide Contrat
Case Rating: *
Hey ****, if HR does not provide the contract, you may face challenges in proving the terms. Here's what you can do:
- Request a written copy of the contract from HR.
- Document all communications with HR regarding your request.
- Consider seeking advice from a labor law expert for further assistance.
Would you like more information on how to approach HR or explore legal options?