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Read the agreements carefully before entering into them, since your service contract clearly takes two years of service, it is within the company`s right to claim compensation for early termination, HR has sent you a very clear letter and it would be advisable to follow all the instructions they will give in the mail, otherwise you may have to pay significant damages. Three apprentices have been selected by the employer who has signed a loan indicating that they will receive two years of training in the company and will work in the company for at least five years after their training. In the event of a violation of this condition rs. 10,000 were to be compensated for the damage caused to the employer. The intern resigned after five months of training. In this case, the High Court of Kerala decided that candidates were selected for training and not for permanent service, but that they nevertheless provided a great deal of time, energy and expense from the employer. The employer will certainly suffer losses if an intern breaks the condition of the attachment and leaves. The employer is derived from the expected performance of a competent person. Violation of the relationship by the intern is an aspect that harms the employer.

Only the amount of damage must be decided. Employment obligations are employment contracts with a negative federal state. Under Indian law, employment contracts with negative alliances are valid and legally applicable if the parties accept their free consent, i.e. without fraud, coercion, inappropriate influence, errors and misrepresentations. The Indian courts have held that in the event of the worker`s failure, the employer is only entitled to damages if the employer has to bear significant costs. Indian law states that employment obligations are “reasonable” to be valid. The term “appropriate” is not indefinite in Indian law and, therefore, the courts have given a “reasonable” meaning based on the facts and circumstances of the cases. The proposal that has emerged so far is that the terms set by the treaty should be necessary to protect the interests of the employer and compensate for the damage caused by the infringement. In addition, the penalty or mandatory period of employment should not be exorbitant. The validity of employment obligations can be challenged on the basis of section 27 of the Indian Contracts Act. Section 27 of the Indian Contract Act, 1872 prohibits any trade and trade restriction agreement.

Any trade and professional agreement under Section 27 is non-acute. Hello, I work in a computer company in Bengaluru. I joined a company as an intern when they showed up told me there was a 3 year loan deal and gave some hard copies to sign and submit. Now I have spent 2 years, 2 months in the company and I want to quit my job. The company tells me that I am under the agreement of 3 years of borrowing, where I do not have a copy of the loan what they say. Please drive me. What government authority, i.e. the Office of the Labour Commissioner, etc., must control the contract or borrowing of services by employers and workers in India. What will happen to this contract or the loan of service is not with this firm the lawyer Sunil Agarkar obtained his law degree from Gujarat and practiced with discernment and serves the legal fraternity in the Gujarat High Court for more than 15 years. He is professionally involved in criminal and civil law cases, which includes labour law, labour law, computer and cyber legislation, intellectual property laws, arbitration, family law, consumer affairs, divorce issues, social affairs and the development and verification of various agreements and documents.

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H&M INVEST s.r.o.

Hájek Martin
Dr. Steinera, Kladno 272 01


603 223 320

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