divyansh kumar 21 July 2015

Employer not accepting resignation during bond period

Hello,

I am employee of a private limited IT company. I had joined as software trainee on 11 August, 2014 and signed a service bond of Rs. 75,000.

As per service bond, Company was spend Rs. 75,000 on my professional training of 3 month duration (dates mentioned in bond). And bond period is 18 months.

But in my offer letter and appoinment letter, there is no mentioned any details regarding service bond. As per appoinment letter, my traning duration was 15 days only and also did not get any training during 15 days & also do not provide any certificate for the same. And Company's name is also miss-spelled and correctted by pen. I have attached some screen-shot of service bond for your reference.

BOND1.jpg BOND2.jpg BOND3.jpg

Due to bad policies and behaviour of higher authorities, I have sent resignation to higher authorities. But they are not accepting my resignation. And saying that I am in bond and I can't resign during bond period. There is a statement in bond "Employee may resign from the Company's services, subject to acceptance of his resignation by the Competent Authority, by giving notice period of 60 working days in writing.". I am confused due to this statement. Can I not leave company if resignation does not accept by authorised person ?

I want to resign and recieve relieving letter form company. What should I do? Please! help me.

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5 Replies

Kumar Doab (FIN) 21 July 2015

Youo have posted that:

"Due to bad policies and behaviour of higher authorities"...........................What are these? if these render employer as rowdy,disrespectful,rude,insulting,threatening,coercive,intimidating then it may be unworthy to be employed with.

""Employee may resign from the Company's services, subject to acceptance of his resignation by the Competent Authority, by giving notice period of 60 working days in writing.""

The notice would mean notice pay in lieu of notice period for employer it should have equitable discretion for employee as well.

The notice period/pay/rate of notice pay is part of service conditions that are governed by various enactments that would prevail upon any private gareement that employer has drafted and signed with employee e.g. appointment letter, contract of employment,even Bond.

Has the company indeed spent on training and provided Training to you?

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divyansh kumar 22 July 2015

Originally posted by : Kumar Doab
	You have posted that: "Due to bad policies and behaviour of higher authorities"...........................What are these? if these render employer as rowdy,disrespectful,rude,insulting,threatening,coercive,intimidating then it may be unworthy to be employed with. ""Employee may resign from the Company's services, subject to acceptance of his resignation by the Competent Authority, by giving notice period of 60 working days in writing."" The notice would mean notice pay in lieu of notice period for employer it should have equitable discretion for employee as well. The notice period/pay/rate of notice pay is part of service conditions that are governed by various enactments that would prevail upon any private gareement that employer has drafted and signed with employee e.g. appointment letter, contract of employment,even Bond. Has the company indeed spent on training and provided Training to you?

No, Company has not provide any training. Even, 3 Months training mentioned in Bond but I got 15 days training which is mentioned in appointment letter.

Employer is only saying (in mail) that I am in bond and resignation will not be accept during bond period. If you needed, I can share mail conversation with you for reference.

Kumar Doab (FIN) 22 July 2015

If 15/30 days training as in appointment letter/BOND is regarding products/policies/machines/strategies etc of the company that is required to be given to enable the employee to handle the counters of the company then it should be without any cost to employee.

If 30 days training as in BOND is not provided then there is no ground for BOND.

Looking into the fact that employer is standing ‘Volt faced’ you may approach alongwith elders of the family……………………….Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc, an able Labor Law Consultant/Service Matters lawyer/Law Firm, and show copies of all docs on record and give inputs in person............................and they know precise ways to handle such matters.

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divyansh kumar 23 July 2015

I am very thankful for such a great input.

These are my last queries:-

1. What should I do if employer doesn't accept my resignation?

2. Suppose employer accept my resignation after 1 month of resignation date and employer consider start date of notice period by the day of acceptance. But it should be start by the day of resignation. What should I do or what should be according to Law?

3. What should I do if employer doesn't provide me relieving letter ?

Kumar Doab (FIN) 24 July 2015

There are many IT/ITeS employee's/Trade Unions that have done good job and can render support to you.

You can always consult an able Labor Law Consultant/Service Matters Lawyer/Law Firm dealing in labor-service matters.

You may discuss with elders of your family too.

Your counsels may ask you a set of structured questions and may opine that you shall be covered by the def. of 'Employee' as in (Name of your state) Shops and Commercial establishments Act, 'Workman' as in ID Act, and opine that you can raise a dispute NOW also and approach:

---Inspector appointed under (Name of your state) Shops and Commercial establishments Act,

Payment of Wages Act (within 1year)

---O/O Labor Commissioner

---Higher Officials of Dept. of Labor in your state

---Civil Court

---Employee's/Trade Unions

Your counsels can draft your representations.

It shall be better if your labor Law Cosnultant drafts your representations and start building favorable written record.