Can My Former Employer Legally Stop Me from Working Elsewhere This Year?

I was working in a school before a week. 5 days I resigned, and I gave the reason that my mother-in-law is not well. I told them I will pay one month's salary. At first, the Chairman agreed, but now he says I will be relieved on one condition - I must not work anywhere else this year.

Can the Chairman threaten a lady like that? If I work, can he take action?

He cannot say so. This is not a valid clause. If there was no contract between you and the school while joining, or if there is a contract but there is no minimum employment period, then he cannot impose any restrictions on you. Please specify what the clauses of the contract are, if there are any.

He cannot impose restrictions that are not there in the contract itself. So, you are not bound by any such limitations. See the website below for more.

The clause is that we are supposed to give a month's notice or one month's salary which I am drawing. I am ready to pay one month's salary. He says he will be behind me and has very good contacts in the city, so if I work anywhere, I will be in trouble.

Dear Ms. Jyothi,

The Chairman is not convinced with your reasons for leaving the organization. He thinks that you are leaving to join elsewhere. The solution is to either convince him by showing various documents relating to your mother-in-law's illness or leave the department, taking the risk. If the case relates to Bengaluru, the city is so big that nobody has the capacity to keep surveillance on one person in such a large city.

BS Kalsi, Member since August 2011

Continuance of Paid Employment

Continuance of paid employment under the same employer or elsewhere is a matter of personal choice as well as the discretion of the employee concerned. Therefore, restrictions, if any, imposed by the employer to reduce attrition by way of notice or payment of notice salary in lieu thereof, facilitate finding a suitable substitute, and recover the cost of training, if any, incurred in the event of the trained employee's failure to fulfill the stipulated minimum post-training service should be reasonable and justifiable. When these conditions are fulfilled by the outgoing employee with the due approval of the employer, formally or informally, the employer cannot impose fresh conditions like the ones mentioned in the posts.

Paid employment cannot be converted into a system of slavery suiting the whims and fancies of any arrogant employer.

The clause is written that I cannot go for an interview or join a new job without any information, which is subject to law. What should I do for my living? I am not interested in working in the previous institution as the workload is more. If I work in the same city, will I be in trouble.

Such a clause, even if written and accepted by you earlier, is illegal. It is violative of Article 19(1)(g) of the Constitution of India. So, don't bother about it unnecessarily.

I think the chairman is just trying to threaten you for not leaving the job, as you have already paid him one month's salary. Nowadays, no one is that free to act like this. There are many unemployed individuals in the nation, so don't worry. Be relaxed, first take care of your mother-in-law, and then proceed.

The chairman's threats amount to a criminal offense. You can take the stand that such repeated threats place you in a critical position with no option but to set the law in motion.

There is no need to pay any heed to your employer's so-called threats. What Umakanthan writes is okay. It is your sole prerogative to choose the job you like. While it is most likely that whatever he threatens is only because he wants you in the job (in his school), you should make it a point to tell him face to face that you will resort to legal proceedings against him if he continues to trouble you in the future.

In my opinion, you should join and enjoy your new job without any fear.

Regards,
Arun Dixit
[Phone Number Removed For Privacy Reasons]
[Phone Number Removed For Privacy Reasons]

When you face situations like this in your life, exaggerating the unethical influence likely to be wielded by your adversary and undermining your own potential and opportunities for positive changes can naturally dishearten you. So, you need to shed such unfounded fears first and think logically. Everyone, including any prospective employer, would understand that such post-termination conditions of employment are legally untenable and would rightly infer that they are mere ploys to retain the most wanted and efficient employees. Therefore, go ahead confidently!

Regards

I have not yet paid the salary, but I will pay. I went to school and handed the documents which were with me, but they are not telling me about the salary or when to give. Whose name should I give after giving the documents? The vice principal gave me in writing that she had received all the documents except one, which I have to provide after correcting the papers on a piece of paper without the school's name, only with her signature. I am worried that they may say I have not submitted, but my other colleagues were present.

I have not yet given the salary because they are not clear. The chairman was not present when I had gone. I submitted the rest of my documents for that. The vice principal acknowledged in a piece of paper without the school name, only with her signature. But my colleagues were there. Is it valid or should I ask for valid acknowledgment? They may create a problem. They are not telling clearly whose name I have to produce the check. As the chairman was not present when I had gone, sincerely I submitted all the documents.

He threatened me, stating that he would relieve me on one condition: I must not work anywhere this academic year. After that, he has not spoken to me nor picked up my calls. I'm sure he is up to something. He said the other day, "I have a lot of contacts. If you join anywhere, you will be in trouble. I have got a good job with facilities." Can anyone hold an individual like that? Will he inform those people or take me to court? I'm a simple person. I got this good offer, and I joined. There are many people around my house with his big buckets. How should I handle the matter?

Regards

They are not clearly stating in whose name the check has to be given. How can I solve this matter and end it honestly? I have provided all the documents he has. He has not spoken to me; he was not there yesterday, but the other day when he spoke, he said he would relieve me on one condition—that I must not work anywhere this academic year.

Appointment Order Conditions

In the appointment order, it is specified that without prior permission, we must not give interviews or join any job. On that basis, he is stating that if we have signed the appointment order, he can take action against me. Or is it only valid if it is signed in the bond?

Regards

If we cannot adjust to the previous job, is it because we are seeking better prospects? Does this mean we cannot perform well in interviews?