--- On Wed, 10/6/09, Abhijit Menon-Sen <a...@toroid.org> wrote:
> From: Abhijit Menon-Sen <a...@toroid.org>
> Subject: [silk] pay up, or stay here
> To: silklist@lists.hserus.net
> Date: Wednesday, 10 June, 2009, 8:23 AM
> Are employment contracts with "if you
> leave, you have to give three
> months' notice or _pay us three months' salary_" clauses
> enforceable
> in India? Or is it just intimidation?
>
> -- ams, just curious.
This is a contract under civil law, enforceable in a civil suit, whatever time
it takes.
It has to be even-handed, insofar as both sides have to have equal rights; you
can't say,"When we sack you, we pay you a month's money, when you resign, you
pay us three months' worth."
Consequences when you leave may be refusal to give you an experience
certificate, which may give some ethical employers a pain in the elbow; there
are no ethical employers in India.
They can't hold your PF. They may hold your gratuity. No variable pay (bonuses,
etc.) unless you are married to a lawyer who's willing to fight, doubtful even
then. No sales or marketing commissions.
The definition of a month's salary needs VERY careful attention, with regard to
what is included and what is not. It has to be the same both ways.
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