So I am a doctor who joined a clinic. The contract stated compulsory training for 45 days (with salary and in a different city), a minimum commitment of two years, a notice period of 3 months, plus Rs. 2 lakh for breach of the contract tenure.
I resigned before completing the training and did not join the work location. Now they are threatening me to pay a huge amount for breach of contract (for money spent on training that I never completed) or face legal action. Kindly advise on how to proceed. Is there any labor lawyer who can help me fight this legally?
From India, Kolkata
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I resigned before completing the training and did not join the work location. Now they are threatening me to pay a huge amount for breach of contract (for money spent on training that I never completed) or face legal action. Kindly advise on how to proceed. Is there any labor lawyer who can help me fight this legally?
From India, Kolkata
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Hi,
Have you signed any agreement (stamp paper) or just a contract of employment appointment?
As a doctor, what type of training was imparted to you?
Your employer needs to prove the amount incurred by them towards your training and also the projected loss due to your abrupt absence from work. In the absence of some training agreement in place, the chances of your employer moving legally will be remote.
By the way, why did you resign without serving the 3-month notice period?
From India, Madras
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1015Have you signed any agreement (stamp paper) or just a contract of employment appointment?
As a doctor, what type of training was imparted to you?
Your employer needs to prove the amount incurred by them towards your training and also the projected loss due to your abrupt absence from work. In the absence of some training agreement in place, the chances of your employer moving legally will be remote.
By the way, why did you resign without serving the 3-month notice period?
From India, Madras
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Thank you for your kind reply, Sir.
Clarification to your queries -
1. No stamp paper. Only regular paper as the offer letter.
2. I am a dermatologist and already trained in all procedures. I have written proof that I informed them of the same, but they insisted that I get trained as per their protocols. Nothing new was taught to me. Everything then taught I already knew and already performing for the last 8 years. Plus, they did not train for all procedures. For example, they trained in 5 out of 10 procedures and said the rest of the procedures will be trained at a later date. This was nowhere mentioned while signing the contract. And I needed to be certified by their personal doctor that I was doing them properly before being allowed to do by myself in their Kolkata clinic.
3. I resigned because even though I was asking them for permission to allow me to join work at the clinic, they refused, saying my training is not complete, and I am not certified. They repeatedly asked me to come back to HO, which I refused. And since I am refusing to go and get trained as per their whims and fancies, they are threatening me with legal action.
What should I do in such a situation?
From India, Kolkata
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Clarification to your queries -
1. No stamp paper. Only regular paper as the offer letter.
2. I am a dermatologist and already trained in all procedures. I have written proof that I informed them of the same, but they insisted that I get trained as per their protocols. Nothing new was taught to me. Everything then taught I already knew and already performing for the last 8 years. Plus, they did not train for all procedures. For example, they trained in 5 out of 10 procedures and said the rest of the procedures will be trained at a later date. This was nowhere mentioned while signing the contract. And I needed to be certified by their personal doctor that I was doing them properly before being allowed to do by myself in their Kolkata clinic.
3. I resigned because even though I was asking them for permission to allow me to join work at the clinic, they refused, saying my training is not complete, and I am not certified. They repeatedly asked me to come back to HO, which I refused. And since I am refusing to go and get trained as per their whims and fancies, they are threatening me with legal action.
What should I do in such a situation?
From India, Kolkata
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Hi,
I can offer some general guidance that might help you in this situation. It's important to consult with a legal professional to get advice tailored to your specific circumstances.
Review the Employment Contract:
Examine your employment contract thoroughly. Pay attention to any clauses related to training, certification, termination, or obligations on both parties. This will help you understand the terms you agreed to and what actions may be taken by either party in case of a dispute.
Document Everything:
Ensure you have documented evidence of all communication with your employer, especially regarding your prior experience, the training you received, and your attempts to seek permission to work in the clinic. This documentation may include emails, letters, or any written communication.
Consult with a Lawyer:
Seek advice from a lawyer who can assess the specifics of your case. They can provide legal counsel based on labor laws in your jurisdiction. Share all relevant documents and details with them to get accurate advice tailored to your situation.
Respond to Legal Threats:
If your employer is threatening legal action, it's crucial to respond appropriately. Your lawyer can guide you on the best course of action. Ignoring legal threats may not be in your best interest, and a well-drafted response can help protect your rights.
Consider Mediation:
Depending on your jurisdiction and the nature of the dispute, mediation could be an option. Mediation involves a neutral third party facilitating a resolution between you and your employer outside of court. This can sometimes be a quicker and less expensive way to resolve conflicts.
Maintain Professionalism:
Throughout this process, maintain a professional demeanor. Avoid any actions that could negatively impact your case, such as making public statements that could be used against you.
Seek Support:
If you are part of any professional associations, reach out to them for guidance or support. They may have resources or networks that can assist you. It's essential to consult with a legal professional who can provide advice based on the specific details of your case.
Thanks
From India, Bangalore
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I can offer some general guidance that might help you in this situation. It's important to consult with a legal professional to get advice tailored to your specific circumstances.
Review the Employment Contract:
Examine your employment contract thoroughly. Pay attention to any clauses related to training, certification, termination, or obligations on both parties. This will help you understand the terms you agreed to and what actions may be taken by either party in case of a dispute.
Document Everything:
Ensure you have documented evidence of all communication with your employer, especially regarding your prior experience, the training you received, and your attempts to seek permission to work in the clinic. This documentation may include emails, letters, or any written communication.
Consult with a Lawyer:
Seek advice from a lawyer who can assess the specifics of your case. They can provide legal counsel based on labor laws in your jurisdiction. Share all relevant documents and details with them to get accurate advice tailored to your situation.
Respond to Legal Threats:
If your employer is threatening legal action, it's crucial to respond appropriately. Your lawyer can guide you on the best course of action. Ignoring legal threats may not be in your best interest, and a well-drafted response can help protect your rights.
Consider Mediation:
Depending on your jurisdiction and the nature of the dispute, mediation could be an option. Mediation involves a neutral third party facilitating a resolution between you and your employer outside of court. This can sometimes be a quicker and less expensive way to resolve conflicts.
Maintain Professionalism:
Throughout this process, maintain a professional demeanor. Avoid any actions that could negatively impact your case, such as making public statements that could be used against you.
Seek Support:
If you are part of any professional associations, reach out to them for guidance or support. They may have resources or networks that can assist you. It's essential to consult with a legal professional who can provide advice based on the specific details of your case.
Thanks
From India, Bangalore
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Hi,
Noted. In the absence of stamp paper, it will still be construed as a breach of the contract terms mutually agreed upon between the two parties.
Regarding the term "procedure," I'm not sure what you mean, but I hope it's something like Cryosurgery or Topical chemotherapy, which are used by Dermatologists. As part of learning those procedures, you might have used some machines that were procured by your employer, and they will present it as a cost incurred towards your training. Most likely, they will try to scare you by serving warning letters through Registered Post, as the Civil Court process will be time-consuming.
Additionally, you may not be able to showcase this experience in your profile, as during Background verification, your ex-employer will obviously share negative feedback.
In the absence of any agreement signed on stamp paper or security cheques, there won't be any major issues.
From India, Madras
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Noted. In the absence of stamp paper, it will still be construed as a breach of the contract terms mutually agreed upon between the two parties.
Regarding the term "procedure," I'm not sure what you mean, but I hope it's something like Cryosurgery or Topical chemotherapy, which are used by Dermatologists. As part of learning those procedures, you might have used some machines that were procured by your employer, and they will present it as a cost incurred towards your training. Most likely, they will try to scare you by serving warning letters through Registered Post, as the Civil Court process will be time-consuming.
Additionally, you may not be able to showcase this experience in your profile, as during Background verification, your ex-employer will obviously share negative feedback.
In the absence of any agreement signed on stamp paper or security cheques, there won't be any major issues.
From India, Madras
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CONTRACT OF APPRENTICESHIP TRAINING IN CASE OF MAJOR APPRENTICE.pdf