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Author Topic: How to ensure employees donít breach contract terms  (Read 1270 times)

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Offline legalhelpIT

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How to ensure employees donít breach contract terms
« on: February 18, 2014, 09:13:16 AM »
I am working as a HR in a small IT Company located in Noida. As the company is small, retention of talent is always a tough job.
Hence, we have made an agreement in our letter head that if a candidate joins our company then they have serve a minimum of 6 months for Junior and middle level resources and its 1 year for Senior level resources.
Though this worked well till now but there is a case where candidate is not willing to serve the period of 1 year and has resigned recently. Now I would like to know whether this agreement which has been accepted by the candidate with this clause  on the letter head is enforceable at law and can we legally make this candidate pay us for the damages he has caused because of leaving the company as this was mentioned in that clause that if he breaches this agreement then he will be liable to pay for the damages to our company which might occur because of this candidate leaving the company. He was a very senior resource and we gave her lots of knowledge transfer and she was managing our projects quite nicely but this will affect our companyís revenues immediately. There has to be certain way where such candidates should be punished or penalised for whom first of all we wait for many months to join (as they had 2 months notice period with their last employers)  and in the end they just take offers from other companies and just say sorry and leave our company in the middle and infact they learned so much in our company.
I would like to know any method through which this can be enforced and make sure that either we should be compensated or such candidates should not leave and our hardwork on training such candidates should not go waste.
Sanjeev Jha

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