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new (eng)     22 November 2013

Not providing relieving letter and exprience certificate

Dear Sir / Mam


I got offer letter for 2years bonds(No court legal paper was signed ) from pvt ltd company, i also provide cheque for bound breaking amount.

After one year on verbal discussion they told me leave the job.Same time they gave my salary and cheque.& i have given all handover. In that week i tried to clear my documents like relive letter and experience letter. 

They are saying me as 2 year bond is not completed to give all documents.

Please guide me as i need to provide these all documents in next company.I am ready to settlement.


Regards

New



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     22 November 2013

You admit to have signed a two years bond while accepting the offer letter but what do you mean by saying that no court legal papers were signed?, two years bond duly signed by you becomes a legally valid paper/document.  However, if your company accepted your resignation it is bound to issue relieving letter and return your documents held by them if any.  About the experience certificate, you may contact the company for their procedures/norms adopted i this regards.  If nothing works, issue them a legal notice demanding your requirements, if not complied with, proceed legally.

Kumar Doab (FIN)     22 November 2013

 

The bond was created in lieu of which consideration by company or special favor by the company to employee?

 

 

Did the company provide any highly specialized training that added to some exceptional skill or qualification of the employee?

If employer has provided some training for its products, policies, how to handle its counter that should not justify as some training in lieu of which a bond for specials favors from employee can be asked for.

Such training should be provided by employer without any cost to employee.

 

The days of bonded labor are over.

The employee should not ask to sign for a simple reason that it is has agreed to pay wages for work done by employee.

Such bonds may not stand the test of law and may be termed unconscionable, unreasonable, unenforceable, void………….

 

 

If you have signed the bond by your free will that means your consent.

However if the company has provided extended some extra ordinary favors then company may ask for some agreement.

However the cost should be actual and reasonable.

 

Did you leave by signing resignation? Did you mention in resignation that you have been asked to submit resignation?

If NO then how would you establish that you were ordered to resign?

 

The company is under obligation to supply the service certificate to all employees.

 

Relieving letter implies nothing is due towards employee………………………..and if you have completed the tasks, handed overt the charge, company property and bond is also void then nothing is due towards you.

 

Without wasting time you may show the job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, Bond, standing orders applicable to the company, resignation, and any other communication that you may have to a lawyer specializing in labor/service matters and proceed under the expert advice of your lawyer.

 

In he meantime you may go thru attachments and you may find these useful.

 

 

 

 


Attached File : 906285135 417759075 validity of employment bonds.pdf, 906285135 background paper.pdf downloaded: 166 times

new (eng)     29 November 2013

Hello Sir

 

I am Still Confuse..what should i do?..


1. We don't have signed dually on any kind of affidivate for bond..

2. They are not ready to take my resignation.. nor want to sign for accepted or not accepted..

I had talk with them.. Now they are saying we had aggrement of 100rs bond paper..and we tore after leaving you that job..

please guide me..

Regards

New

Kumar Doab (FIN)     29 November 2013

Try to record everything (audio/visual) and keep some witness with you.

If the bond has been torn by company then what evidence is left with company?

 

If you are confused and are not able to handle the matter on your own take help from elders in the family and competent and experienced well wishers and along with them visit your lawyer.

Your lawyer can explain the merits to you in person and your elders can support you.

 

The legal notice from your lawyer may help to drill sense into the heads.

 

 


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