--- On Wed, 10/6/09, Lahar Appaiah <[email protected]> wrote:
> From: Lahar Appaiah <[email protected]>
> Subject: Re: [silk] pay up, or stay here
> To: [email protected]
> Date: Wednesday, 10 June, 2009, 11:35 AM
> A company would argue in court that
> the employee has special skills /
> knowledge that is needed for a proper transition, and his
> breaching the
> contract and quitting before 3 months would put the company
> to severe
> detriment. They will also argue that the employee is a
> graduate who has
> understood the consequences of agreeing to a 3-month
> notice.
>
> I'm not sure if anyone has gone to court to enforce this,
> but a court may
> well decide that this isn't bonded labour because there's
> no debtor-creditor
> relationship here, and the employee entered into a contract
> with his eyes
> wide open.
>
> On Wed, Jun 10, 2009 at 11:20 AM, Kiran Jonnalagadda <[email protected]>
> wrote:
>
> > 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.
> >>
> >>
> > Wouldn't this fall foul of bonded labour regulations?
They may argue it but they won't win it. They have to prove that such skills
are not readily available in the market otherwise, that they aren't available
freely within the company, in numbers permitting replacement of the concerned
employee without affecting other work in progress (not work planned), that they
have added these skills to the employee in a programme of training which has
special attributes and has actually resulted in adding these skills, and that
these skills are useful for some actual work going on.
This is the reason why many mid-level employees are very wary of accepting
training assignments of a vapoury kind, where the value-addition is
indeterminate, but the ability of the employer to argue for retention is
enhanced.
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