Yes, it's enforceable. What a company can do:

1. No relieving letter. (though a 'service certificate' is a requirement
under law).

2. They can terminate you for abandoning work, and can issue a letter
stating that you are terminated. When a background check occurs, they will
state that you have been fired.

3. Hold back your dues/ adjust these against your full and final settlement.

4 Additionally, if they are serious about you staying back the 3 months,
they can get an injunction in court, enforcing the terms of the contract.
Once a court passes an order requiring you to serve out your notice period,
you will have to comply.

Just ensure that the calculation of salary is done consistently- ideally,
see what standards they use when they are paying out notice pay to
employees, and insist that the same calculations should apply.


On Wed, Jun 10, 2009 at 9:11 AM, Indrajit Gupta <[email protected]>wrote:

>
> This is a contract under civil law, enforceable in a civil suit, whatever
> time it takes.
>

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