Learned Mr. Sarjooram Sharma, Mr. Vasudevan, Mr. Srivastava, Mr. Dhingra, have elaborated and have nicely explained the matter from the view point of employee, employer, law, industry. Clarifications provided by them shall many facing such situations.
If you have decided to terminate your association with the company you can evaluate your options.
Have your services been confirmed in writing, and have you received any confirmation letter and have you given your acceptance on copy of confirmation letter?
If not you are still under probation, as per the agreement.
As already suggested by learned Mr. Vasudevan, you can liberate your self by tendering a notice of 3 months or notice pay in lieu of notice period. 3 months notice during probation is unreasonable. Company may come up with their version and you can contest it. You should avail the services of a competent and good lawyer/law firm who is willing to take up the cause and spirit of your case, and then you can focus on your future ventures. You must regularly coordinate with your lawyer.
You have posted that:
-You had expressed during interview that you are not interested to be posted in the domain in your department. Did you ever express yourself in writing?
-6 months back you had to attend training as a part of your work, and you were not interested in this training. Did you express yourself in writing?
Cost of training for 5 days was 1 lac. Was this training at a foreign location? The cost is per person or for a group? Was this conducted within company premises and was it imparted by company or an outside faculty?
1 lac per person seems to be a huge amount. If a situation arises company shall include this amount in their claim.
If you have a union (if not you should form one) it should intervene and obtain the cost details and unions can even propose that such training can be conducted at a lower cost.
Since it is a PSU, you can obtain the cost details of training and post training, what are the benefits/profits you have generated with your work, from company or thru RTI.
-You are being tortured by two of your superiors. Did you ever express it in writing, or verbally? It is always better to put up the matter in writing. Good companies have escalation matrix, and grievance redressal mechanism. They are supposed to reply to complaint and grievances. If you have signed a bond and even provided a surety does not mean that you should be treated badly and made to forget about your rights, self esteem and dignity. If your dignity is attacked and your ill treated at work place and despite your representations in writing or verbally, you do not get any relief, it is a valid reason for you to declare your employer unworthy of working with. You shall need evidence to prove or company shall be able to terminate your charges as flimsy.
Your company may sit on issue of NOC to you, if you apply for another PSU. If you join without NOC, your company may still chase you. There are many cases like this also.
You should obtain data: how many people applied for NOC and how many were given NOC. For company this shall also be job hopping.
Kindly be prepared for all situations and take a suitable decision.
How did you apply for this job, campus placement, advertisement in paper, etc…?
How many vacancies were there and how many people applied, and how many were short listed, how many set of interviews were conducted at how many locations, how many people were involved in interview committee, and what was the cost of interviews, and what was the amount of application fee if any collected from each applicant?
The organizational planning shall not cost 10 lacks per person, which are to be recovered thru employment in the tenure of 5 years and if the person leaves in the interim, company shall suffer a loss of, 10 lacks/person.
The numbers of institutes have increased and they have become factories, producing engineers, doctors by huge numbers and there are a few vacancies and big number of applicants.
The resolution has to start from basics:
-Companies hopping institutes should disclose to managing committee/legal cell of institute, students and their parents about service bond, other documents and student should sign after counseling on the content of the documents. Parents, student unions, etc have to play a very vital role on this.
-Parents, must impart knowledge to their wards on their rights, legal aspects, to remain united and should have access to legally trained minds and inculcicate a habit of seeking legal advice rather than acting in haste. It is better than repenting later.
-Employees should defend themselves, form unions, and help each other and support evidence. Anyone may need it at any point of time. Form communities and provide case details to each other.
Banking and Insurance Sector: workmen, managers have unions.
Pharma: Struggled and obtained protection under SPA. Managers have union e.g Kolkotta.
In todays market scenario a trend has emerged, employment agreements on letterheads and stamp papers,and a new sector has emerged, where such agreements are crafted seemingly to perfection, by master carftsmen. However an agreement may be prepared on one paper or 10 papers, if employee does not commit a blunder mistake in the end in majority of the cases employee gets relief.
Be smart.
