Hi,
I have received a job offer, and the employer is now requesting a 'letter of commitment' for 3 years. I am uncertain if I will be staying for that duration. I need clarification on what repercussions there might be if I decide to leave after a year. Can the company pursue legal action in such a scenario? Your assistance in this matter would be greatly appreciated. Thank you.
From India, Bangalore
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I have received a job offer, and the employer is now requesting a 'letter of commitment' for 3 years. I am uncertain if I will be staying for that duration. I need clarification on what repercussions there might be if I decide to leave after a year. Can the company pursue legal action in such a scenario? Your assistance in this matter would be greatly appreciated. Thank you.
From India, Bangalore
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What does the appointment order say about exit?
This three-year commitment is like a bond. Any special training, etc., done for you?
The company can file a case against you, but legally they are not on sound footing. But if the company is so insistent, one must reconsider.
From India, Pune
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3180This three-year commitment is like a bond. Any special training, etc., done for you?
The company can file a case against you, but legally they are not on sound footing. But if the company is so insistent, one must reconsider.
From India, Pune
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Thank you for your reply. The offer letter states that your employment is at-will; however, it is mandatory that you serve the company for 3 years. No special training has been provided to me as I am an experienced individual. They mentioned that this requirement is due to many employees leaving the company in a very short time, hence the commitment.
Regarding the exit process, it states that after the 3-year period, you are required to provide a 3-month notice period. Any additional insights would be appreciated. I have already joined, but if there are potential issues, I would prefer to know sooner rather than later.
From India, Bangalore
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Regarding the exit process, it states that after the 3-year period, you are required to provide a 3-month notice period. Any additional insights would be appreciated. I have already joined, but if there are potential issues, I would prefer to know sooner rather than later.
From India, Bangalore
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The company wants you to serve a minimum of 3 years and then give a minimum of 3 months' notice for exit. It is not employment at will; anyway, there is no recognized employment at will rule in India. So think twice before accepting such clauses.
From India, Pune
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From India, Pune
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Handling Employment Documentation When Leaving Early
In my view, the worst thing that can happen is not receiving a relieving or experience letter if you leave before 3 years. So, keep collecting some sort of bonafide letters every 6 months from HR, which can prove you are employed in that organization. When you feel it's time to change, you will have sufficient documentation to prove your employment tenure and the original letter of commitment, which will justify not having a relieving letter (a reason for leaving can be created to justify this, as nobody cares).
From India, Bangalore
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In my view, the worst thing that can happen is not receiving a relieving or experience letter if you leave before 3 years. So, keep collecting some sort of bonafide letters every 6 months from HR, which can prove you are employed in that organization. When you feel it's time to change, you will have sufficient documentation to prove your employment tenure and the original letter of commitment, which will justify not having a relieving letter (a reason for leaving can be created to justify this, as nobody cares).
From India, Bangalore
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Thank you for the responses. Just wanted to update you guys. I offered to leave the company, and they revised the compensation by an additional 2 lakhs per annum. I also happened to check with existing employees. People have left in a year or so and have received a relieving letter. I do not find any risk in continuing, and the additional 2 lakhs are something I really appreciated. Thanks once again.
From India, Bangalore
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From India, Bangalore
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Legal Clarification on Negative Covenants in Employment Agreements.pdf