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Employment bond

(Querist) 24 February 2013 This query is : Resolved 


Author : Naveen Gautam

Posted a day ago
dear sir,

i joined a company in 15 June 2012 and worked upto 8 september 2012, before joining this firm i was having a experience of one year as marketing engineer related to sales back ground. this company hire me for marketing stated that you have to work for technical marketing & look after of exhibition and marketing activity. but after joining they asking me to work on digital marketing like email & campaign. after joining i signed a bond for 2 year service. but they had not provide me any traning related to my work profile to add something in my profile in between the peroid form june -SEP. in september i resigned from the job as i was feeling that they want to make a tele caller rather than a marketing person they asking to work on digital marketing but not providing any training . after my regination letter they accepted my resignation . i left that job from that onwards. AFTER ONE MONTH OF MY RESIGNATION LETTER& ACCEPTANCE THEY SENT A LETTER FOR PROPER HAND OVER & RELIVING , FOR THAT ALSO I REPLY THAT SAY THAT I AM NOT IN THE CITY WHERE I WORKED WITH THIS COMPANY. SO I AM NOT ABLE TO COME AGIAN TO MUMBAI FORM DELHI. AND NOW THEY ARE SERVING A NOTICE TO ME FOR BREACH OF CONTRACT & ALSO PROCESSED THE CHECK THEY HAVE WITH THE BOND. BECAUSE OF IN SUFFICIENT AMOUNT IN MY ACCOUNT THAT CHECK GOT BOUNCED. I AM SIMPLE GUY DONT LIKE CHEAT PEPOLE . FROM A VERY POOR FAMILY.

PLEASE HELP ON THE SAME ISSUE LOOKING FOR THE GUIDENESS I AM ALSO ATTACHING THE MAIL THEY SENT TO ME please also check the mailer & my regnation acptance in the attachment




they them self filled the date after my RESIGNATION from the job.they submitted the cheque on 7/feb/2013. i gave resignation on 8 sep 2012

sir i like to attach the mail but because of any issue in web site i am unable to do that please find the below contain related to mail correspondence with the company a

Resignation mail :

Dear Sir,

I am writing in order to inform you of my resignation from current position as Marketing Executive at Advanced Bolting. I am highly apologised for this but I think so that management is not comfortable with my job profile.I am not able to continue this job.I am very thankful to you for offering me this profile in your prestigious company.

Kindly accept my resignation for the following post.
Please acknowledge this letter of resignation.

Note: I have submitted my official assets(Laptop & charger) in the office.
Yours truly,
Naveen Gautam
Acceptance From MD

9/8/12



Resignation accepted. But you Need to hand over current projects properly to Shrikant Pharate.
thanks and best regards,
Bala

Mail Recived By HR
Ref: HR/897 Date: 5th Oct’12


Sub: Handover and Relieving
Dear Mr. Gautam
You had been appointed as Marketing Executive for our Head Office at Navi Mumbai vide appointment letter dated 18.06.2012 (Ref: HR/768).

With reference to your resignation dated 8th Sep’12, we would like to put on record that as per MD’s reply to your mail dated 8th Sep’12, your relieving was based on complete handover to another member of your team. Neither did you handover the current projects to the said member but also did not submit the assets to the IT department of the company.

Consequently, you are still not relieved of services of ABS and are being considered as absconding with serious violation of your employment terms and conditions. The company has invested lot of time and effort in training you and leaving the company without proper handover is a reflection of your highly non-professional and “not bothered” attitude.

Also, this is to remind you that you have signed a service agreement with us according to which, if you leave the services of the organization within 2 years of your joining, you are liable to pay the company an amount equal to your 6 months gross salary.

You are hereby expected to come to the office and complete the handover process within 1 week of receipt of this letter, failing which legal action will follow.

A copy of this letter is being sent by registered post to your residential address.

My REPLY :-

dear samvedna,


i telling please dont disturb me. if you are think i am doing a job at my home town come & see i am working or not.
i like to clear one thing to you that i cant come back to Mumbai because i am not having any sources of earning & according to me i already completed my all responsibilities.

i like to Know which training i have attended on the behalf of ABS & when & what time you gave me that training & second regarding The false commitments please ask with Ms vidya what she had committed with me on my role in the comapny.

you people want me to work as telecaller from that day onwards i am not getting any supports from the my seniors & any one.

i had made it clear that i had submitted all my assets to the company & i like to clear one thing also that i iam not having any passwords fro any tender portal, because your sales backhand team is doing all that. my role is limited to give information about any new tender which iam doing by my search on the internet & according to me that much knowledge you also having that for searching a thing over the internet is not required any passwords.


even though in any case i am having which i dont knew , me all are in my laptop. which already submitted to you.

i request you to not send this type of mailers again or even though if you me in Mumbai. please send my last salary to me . so i can come to you or book my tickets from delhi to bangalore.

i know i made a mistake when i decided to join ABS & trust you people.


HR Second Mail

• Your resignation was accepted subject to proper handover to Mr. Shrikant (as per attached mail). The handover was not done and it seemed that you ran away from the company. So there was no relieving process completed.
• You did not handover the keys to Mr. Bhusan but to your colleague Ajit. Also, it was your responsibility to handover the assets like laptop, etc. to the IT department which you did not do. It shows your absconding attitude.
• As per your appointment letter, you had to serve 14 days notice period which you did not.
• For your information, settlement is done on complete relieving of the employee (proper handover of data/ work/ assets to the concerned departments and clearance from them on company document). You did not do any of these and hence the settlement will be pending till you complete the above mentioned handover.
• At the time of your recruitment, Ms. Srividhya had clearly told you that it was a marketing profile based in HO. She had talked to me during your meeting and had clarified that you will be joining us as Marketing Executive (which has been clearly mentioned in your appointment letter to which you have given your consent and signed). If you were not clear of your role, your shifting to Mumbai and signing the appointment letter becomes questionable at your end.
• Your official Job Description was also mailed to you (Refer attached mail), thus proving that your accusation of we keeping you in dark about your profile is absolutely baseless.
• While in your tenure, you were handling many passwords for tender portals, etc., and since no handover has been done, we are sure it is being misused.
• It is evident that you have been taking time in company for searching jobs closer to hometown and were not performing basic tasks given and could not adhere to basic deadlines.
• The company had been generous to give you a month’s time for reporting to office and complete the handover amicably. Since you failed to turn up, we were left with no option but to initiate this correspondence.
• The company has invested lot of time and money in training you. You need to pay us Rs. 1,60,412 (as per Service Agreement signed by you). If not, legal process will be taken up.

Regards
Samvedana


From: Naveen Gautam
Sent: 07 October 2012 23:48
To:
Subject: Re: Handover and Relieving

Dear Samvedna,

As per my resignation on 8th Sep,it was very much clear that I have resigned with the acceptance as well as submitted my wardrobe key to Mr. Bhushan.If you want you can speak to Mr. Ajit because in front of him only I have given the keys of my wardrobe to Mr. Bhusan in which my all office assets were there.I have forwarded my resignation to Mr. Bala,Vidya & you together and I got the acceptance from Mr. Bala for the same.

Apart from this about my project I have already spoken to Mr. Shrikant & Mr. Pratik(DTP Designer). I have given the projects for designing to Mr. Pratik and he was working on the same.

Now if you are talking about legal notice, so Ms. Samvedana I think you are an HR & you are very well known that my resignation got accepted by the managing director of the company.It was clearly mention in the agreement also that I cant leave the job without Managing Director acceptance. But I think so that you are knowing about the rules & regulation of your company and as per the rules also I have cleared all my responsibilities.If I also come to legal thing than you are also knowing that if any employees resigned the job with the acceptance of MD than you supposed to do full & final settlement but still you have not paid me my 15 days salary for that I worked.Apart from this if I come to my job description till 3 month of my job,you didn't given me any particular job description & KRA as well as you people were not happy with my work due to that only I have resigned my job.


So kindly request you to not send me this kind of mailer that is to be after 1 month of my resignation acceptance. Because till 1 month nobody can wait for the job.If any problem were there you supposed to inform me before my resignation acceptance and after this also if you want to serve the legal notice to me than I am sorry to say but i think so that you also have to pay for my economical damages due to your unprofessional approach towards my job description as well as misguiding me about my KRA by Ms. Vidya in my interview held in chennai.I have also asked you about the same before shifting to Mumbai & you people didn't send me any job description.

Just wanted to inform you that I am not available in Mumbai due to that I am unable to come to your office.



Regards
Naveen Gautam











ajay sethi (Expert) 24 February 2013
be brief and to the point . summarise your query in a few sentences .
R.K Nanda (Expert) 24 February 2013
query too long to reply.


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