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| Dear All, I work with a MNC in Bangalore. We have signed a three months notiice period service agreement in company's letter head-printed paper.We have not signed in any bond papers. Is it legally enforcable? As for as my knowledge, only contracts are enforcable. This notice period is making me as a slave and i am not able to accept any offers as the market is not ready to wait for 3 months. Even when i asked my HR whether will they wait for 3 months,there is no answer fromthem. Please advice me.Thanks. Regards, S.Mohan malikjs Contributing Member - Member Since: Oct 2008 Subject - Re: Service Agreement-Is it enforcable by law? dear you are confusing yourself between agreement and contract.Basically an agreement enforceable by law is contract. dear you have signed terms and conditions of your appointment that is appointment letter.it is a contract and enforceable by law.most companies have system of 3 months notice in both ways if you will leave u have to give 3 month notice and if company removes you than they will give u three month notice or notice pay. tks j s malik jitendersyadav Contributing Member - Member Since: Sep 2008 Subject - Re: Service Agreement-Is it enforcable by law? Dear, Its the trend in the market now a days. You have to comply with this. Rgds/Jitender Dear All, Thanks to all of you. But,my question is....What kind of selfish trend is this and they quote "Customer Centricity" as the reason. I have a genuine question and my HR-VP has not answered to it till today. I am posting the same here. Let's say, i resign on Dec 1.As per notice period, i would be reeased on Feb 28th after serving notice period. My Team leader interviews and wishes to take a candidate on Dec 20. Let's assume,he also has 3 months notice period in his organisation. Which means, he would be able to join only by March 20th. By the time, i would have left the organisation. In this scenario,how will the process transistion takes place? There was no answer. I feel very down nowadays, that i am an educated slave. Thanks to all for your time. Regards, S.Mohan jitendersyadav Contributing Member - Member Since: Sep 2008 Subject - Re: Service Agreement-Is it enforcable by law? Dear Mohan, In this crisis season, this is much beneficial for employees. This trend is not digestible so easily as the new cloth. Don't be silly, after some time it would be normal. Rgds/Jitender malikjs Contributing Member - Member Since: Oct 2008 Subject - Re: Service Agreement-Is it enforcable by law? dear donot mind ,by your statement it seems you are selfish & employer is not.if someone leaves orgganisation HR dept minimum takes 4-5 month to hire a good people. so what is the worng if 3 month notice given in the agreement.Mr mohan it is agreement which you have signed ,you should have not accepted the offer. let me tell you all good and sound organisations are following this practice./ tks j s malik The clause relating to three months prior notice for termination of service by either party is based on the principle of equity and it is a binding agreement enforceable by law. Neverheless, one can pay or forego basic salary equal to the extent of short fall in prior notice period. Such a payment is called damages for breach of employment contract. It against Human Rights to compel any person to work, when he is not willing to do so. Action against compulsion of forced or bonded labour is possible and even by a writ petition, non-interference can be sought for violation of fundamental write guaranteed under the Constitution. with regards Dr. KSN Sarma Advocate & Management Consultant.    
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