Ex IT employee (EX employee) 24 June 2010

Need help on relieving letter : Complicated situation

Hi everyone,

I worked in a mid tier IT firm for 10 months between 2007 and 2008. I left the company inspite of being in the "probation period" and with the company having a bond of one year wherin the employee couldnt leave the company.

I had to leave within 10 months for purpose of pursuing further education. I also did NOT give the signed bond paper to the company. (managed to keep delaying it till the end since I tknew i would be leaving the organization soon)

The nature of my admission was such that I had to leave the company with only 2 days notice( The company has a 3 month notice period). I sent an email to the HR dept regarding the same to which I receieved no reply.

The HR dept gave me a call a few days later, asking me to pay rs 1 lakh (the bond amount). To which I flatly refused saying I did not sign their bond at all so I am not liable to pay. A few weeks later the company sent a letter of termination to me based on indiscipline and not reporting to work. A month after this I got a letter of settlement from the company asking me to come to the company for settlement. The letter was confusing since in one part it was written that I had to pay, and on the other part it was written I will be paid by the company for one month. I did not have the time to pursue this then, and now its 1 and a half years since that.

I have the following questions :

1. Am I entitled to receive my relieving letter / work experience certificate from the company ?

2. What about the PF account. Can I simply add the PF account number from my previous salary slip and give this to my new organization. Will this work ? I know which PF office the company is registered with, what are the formalities I need to complete to finish the transfer to the new company ?

I know I have been the erring party in this case, but I had little choice at the time as I was presented a golden opportunity.

Any help will be appreciated

Thanks,

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3 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 24 June 2010

1. Am I entitled to receive my relieving letter / work experience certificate from the company ? as they have already issued letter of termination, they will not give you so, what you can do is you must be having copy of appointment letter, and mail sent to H.R., provide that copies as experience. else company will not give you experience certificate. As you have been erring party it is better to not to raise the issues on this as if you may have to pay to the company.

but company might have forefeited the same against payable by you

Regards

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Ex IT employee (EX employee) 25 June 2010

Hey thanks for the quick reply. That really helped.

Just one more question : What about the letter of settlement that I received from the company. How should I proceed with that ? Also, since I havent signed their bond papers, would I be liable to pay anything to them at all ?