Rajanassociates
Legal Counsel
Globaloverseas144
Soical Compliance Auditing
Narinder.rathore
Hrm, Admin, Ir
Linnankochi
Accountant
Malikjs
Gm (hr)
Nageshmsw
Area Head Hrd
+3 Others

Hi,
I am a new member and therefore in case my query appears to be the one which has been answered earliest, then I would request for the appropriate links for the answer.
I have been asked by my company to prepare a legal notice for serving upon an ex-employee who left the company abruptly on a better salary offered by the competitor company within the period of agreemnt. The appointment letter contains a covenant that the employee will not undertake any assignment for a period of 2 yrs of termination of current agreement/assignment. The said clause further says that non compliance of the said clause will attract legal action.
This particular employee has left the company for a better salary with a competitor company.
It is requested that a format of legal notice may please be provided which may not be set aside by the courts for being void and not legally tenable.
Thanks
6th June 2009 From India, Delhi
dear seema
the appointment letter issued by your company is itself illegal which says that the employee will not undertake any assignment for a preiod of two years of termination of current agreement/assignment.this clause itself is illegal than how one can draft a legal notice which may not be set aside by the court for being void.
regards
j s malik
6th June 2009 From India, Delhi
Thanks for your reply. But if we see this from the company's viewpoint then you will appreciate that the company has spent its time and resources for training on this employee and also parted with confidential information regarding the techical procedures and processes and after gaining sufficient experience, the employee left the company intentionally causing not only loss of its valuable manpower but also using the information kept as close guarded secret to the disadvantage of the company for personal gain. I think like an individual the company also has a right to be protected against the conduct of the employee which act in itself is opposed to public policy.
regards,
seemaa
7th June 2009 From India, Delhi
Dear Seema,
Please let you know your company about the illigal forced labour terms and you can't send a legal notice to him.
However you can send a legal notice to him on behlf of double employement which is illigal,there should be resignation received from the employee and employee should informed to the clients about his resignation & leaving from the organisation.
You should submit the appoitment letter(previous one) and also attached the revised which your organisation displayed at notice board stating about the regisnation & termination should bear one month notice period.
The employee is now in unsafe condition and you can submit a petition in the court.
7th June 2009 From India, Delhi
hi, How are yor. Please find attached file.
8th June 2009 From India, Delhi

Attached Files
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File Type: pdf GSCP_Guide[1].pdf (364.4 KB, 1071 views)

Employees leaving is BAU and the restrictions in your letter of appointment in itself are not legal (as such is the entire letter of appointment void?)
Why would a company try to process an ex employee for going to the competitor? What is the PR in that? Will you ever attract a decent new employee again as you clearly try to limit peoples careeers (from the employees point of view). Notice periods are great but hard to enforce, something that might be different in India.
8th June 2009 From United Kingdom, Manchester
PF Withdrwl is going hi-tech
1. The EPFO will bring down the claim settlement period from 30 days to 7 days by November this year and all the offices will be computerised.
2. The members will be able to view all the information on line.
3. This service will be available any time any where.
4. The member has to give prerequisite information so that EPFO clears their claims.
All the best to all.
8th June 2009 From India, Surat
dear seeema,
Dont be over panic, let that person live free, because we are Indians, he/ she can work any were at any time without any restrictions. and also .... why that person left ur company? only because of salary right!! if you are isist to do so, this will not be happen, in short "Others envy somebody's pride"
Regards,
Linnan
8th June 2009 From India, Mumbai
Dear, Chasing him or initiating action would be required if he has taken Confidential Information of your Company and using it for the it may not be worthwhile .Any way in such matters you should consult a Local Lawyer.
VS Rajan Associates
8th June 2009 From India, Bangalore
Dear All,
Thanks for your varied responses. However with due respect I have not liked the manner in which I received reply from Sunilkmani. I think you need to change your attitude towards your Company. I think you have had bad experience with your ex-orgaization. But one cannot generalize for all companies. Yes, to a certain extend everyone is selfish and rather should be selfish. If one is suffering in an organization due to management's attitude, one should fight for it and let know the management of consequences. If the management is rigid then one is free to go ahead and do what is best in his interest. May be I have not encoutered such kind of situation. Anyways I thank you all for your valuable feedback.
24th June 2009 From India, Delhi
Dear SunilKmani,
Please stop giving your suggestion which resulting Zero gravity about the question asked,you should not behave like child,you should be mature.
I agree with Seema,please change your attitude.
Seema dont worry ,this happened sometimes when a smart person sorrounded by so many phool persons.
Best Regards
Sajid Ansari-Delhi
24th June 2009 From India, Delhi
is relieving letter compulsory to be given to the employee who has been resigned without notice?
25th June 2009 From India, Mumbai
Hi, I have to prepare bond for marketing employees 1 year bond. please help to for the same with sample draft if anybody has. Kindly do the needful. Thanks ravi
11th August 2010 From India, Bangalore
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