Relieving letter
Sushma
(Querist) 14 September 2017
This query is : Resolved
Hello,
I joined a company last may by signing 1yr bond. But I am not working on any live project. Company told by july1st live project will start. But the company has not got any project still now. Now i got another offer from a good company. I wanted to join there but my present company is not relieving me by showing the bond which i have signed. How can I leave my present company
DR.VEDULA GOPINATH
(Expert) 15 September 2017
HIGHER COURTS SAID EMPLOYEE BONDS ARE NOT ENFORCEABLE AND THEY ARE AGAINST PUBLIC POLICY
dr vedula gopnath senior lawyer and arbitrator vgnath@gmail.com
Kumar Doab
(Expert) 15 September 2017
Do you have copy of job advt, job application, interview call letter, selection letter,offer letter, appointment letter.....................?
Is it mentioned in any of the docs that you will have to sign Bond?
Do you have copy of Bond?
The said Bond is crafted on what ground; say some certified training from some certified Instt?
was some training ever provided to you?
Kumar Doab
(Expert) 15 September 2017
Would next employer support you and absorb you on the strength of copy of notice of resignation/resignation and POD?
Kumar Doab
(Expert) 15 September 2017
What is the notice period mentioned in appointment letter and also in Bond (mention both separately; say 1/3 months ) and mentioned by you in job application to next employer (say 15 days) and notice of resignation being tendered by you ( say with immediate effect).
What is the liquidated damage inserted in Bond? say Rs.1 lac!
Post details for a fruitful discussion.
Kumar Doab
(Expert) 15 September 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
Rajendra K Goyal
(Expert) 15 September 2017
Proceed and supply the information sought by the expert Kumar Doab.
Kumar Doab
(Expert) 15 September 2017
Thanks for agreeing Mr. Rajendra K Goyal.
Sushma
(Querist) 18 September 2017
Hello Sir,
I am working for an IT firm as an analyst for a software development company. I have been working here from last may and it was told il be working on a project from june 15. Set of questions to solve on the project was given and I did some R&D work. I have to report to my manager and I am the only person working on this. It was told another candidate to work on the project will be hired but till this date there's no project nor another candidate. When I ask management tells by 15 or 1 month we will hire and we will recruit a candidate to work on. But I really don't know what is happening and the notice period mentioned is 3months. I get my salary credited but they are not providing me my salary slip for every month and pf is not been deducted from my salary. Only tax amount is been deducted. Who ever joins this company they ask them to sign bond for 1yr but training is not provided. When we ask about the training they tell its not a training institution. Learn and do by your own self. I wanted to leave because I am not working on a prj but if I leave I have to pay them 2lakh.
Sushma
(Querist) 18 September 2017
My new employer is ready to hire me without the relieving and experience letter but I am scared to leave the present company as they might go for case against me as I have signed the bond. Bond is compulsory who ever joins and no training is provided from employer's side. I don have the copy of signed bond. and I am working here with the designation as an analyst. Even when we get appraisal they don give us that in writing and I havent faced any issue on my performance. I have kept to their standards on worked on things given to me. Now a days since i don have much more they ask me to do ppt and word documents on business requirements for development and when I hesitate to do management tells me I should be flexible and do what ever tasks are assigned to me. So I am doing the tasks assigned by them which is not my job.
