Sachin (Software Engineer) 07 March 2012

Notice from old company

Hello sir,
I have joined a firm on july 2010 and signed the 3 years of bond worth Rs 2.5L. Even after working there for about 1 and half year very hard, they have given me only 4% of increment and have not given bonus which they are supposed to give me as all the employees have got it.Also my reporting always pressurized me for work.Also they have hired me as a Software Developer, but the work i do there is more or less of Support, which i am not willing to do.Also i feel very insulting there because of reporting person. For these reason i have resigned.
I talked with CIO(Cheif IT Officer) there and my manager.I have given the reason that my father is not well and its very important for me to be there with him at my home town. But the CIO told me that you need to honor the bond means need to pay 2.5 L and serve 3 months of Notice period.But i had just put a mail to all of them mentioning the reason and i will not come to office from tomorrow.
Then i left for the day and next day i went to my home town.There i was around 10 days with my father. Then i got the offer from another company, so i joined it and now i am working there since last 20 days.
But today i got the letter from my previous company that "u are not coming from last so and so days and if will not report within 7 days" then they will be taking a legal action.

Can u please suggest me wat should i do in such case.
is that notice need to be taken seriously?
can i settle this amicably?

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4 Replies

Kumar Doab (FIN) 07 March 2012

It is always appropriate to consult elders in the family, competent and experienced well wishers, trained legal mind before taking such steps.

The reason quoted by you "that my father is not well and its very important for me to be there with him at my home town" is not sufficient to liberate from bond and may be at the most to seek leave and hence the reply of company ""u are not coming from last so and so days and if will not report within 7 days then they will be taking a legal action." The company shall declare you absconding deprive you from benefits as the company rules and claim notice pay, bond amount, and may even charge you for causing loss by absconding, and dual appointment as you have not properly relieved

The creative and vindictive personnel in your company may take even more .steps to dazzle you to approach the company.

The other reasons quoted by you

-"they have not given bonus which they are supposed to give me as all the employees have got," could have been escalated by you to good offices of your appointing authority, MD/CEO, Head-HR and thus citing indiscrimination, being under bond.

-Also i feel very insulting there because of reporting person "could have been escalated by you to good offices and thus citing insulting, rude, conduct of company at workplace, and bond being flaunted at you and forcing you to swallow insult, or face penultimate clauses of appointment letter and bond.

-"Also they have hired me as a Software Developer, but the work i do there is more or less of Support," could have been escalated by you to good offices and thus citing you are being forced to do work for which you were not hired and the work which is not in line with your qualification and experience and depriving you to hone your skills and be of better value in industry and market.

You have not drafted your email to suit your contentions.

Did your company provide you any training which added to your qualification and skill?

It shall be appropriate to approach a competent and experienced service lawyer with copies of appointment letter, bond and all other records pertaining to revenue generated by you, target Vs performance, appreciation emails/rewards/awards etc, stinkers/memo/ show cause notice issued to you etc, and give inputs in person to evaluate the merits in your case and your lawyer can structure the representations and build your case to suit you. A competent lawyer can help you.

Another option is to apply exceptional levels of persuasion, persistence, negotiation, reasoning skills, plead mercy , explore the chances of getting a waiver for notice pay/bond amount, obtain relieving without any adverse comments and close the matter amicably without having a blot on your resume.

Sachin (Software Engineer) 08 March 2012

Thanx for the reply...

Can u please suggest me the steps to close this matter amicably...i mean what should be my next step...should i go there and talk with HR people...and wat are the chances of negotiating bond amount...as its 2.5 L now.?

And

to ur question

"Did your company provide you any training which added to your qualification and skill?"

Yes they have given me the training for 1 month but i have only paid 18 thosusand for that..

Please suggest...

Kumar Doab (FIN) 08 March 2012

You have posted "Yes they have given me the training for 1 month but i have only paid 18 thousand for that.."

If you have paid for the training then where is the question of training bond?

Kindly visit a competent an experienced service lawyer with all the documents e.g. appointment letter, bond, and all other records pertaining to revenue generated by you, target Vs performance, appreciation emails/rewards/awards etc, and discuss your matter thoroughly. Your lawyer can evaluate the merits and provide the structured representation to suit you and you should represent accordingly.

While you visit the good offices of your appointing authority, MD/CEO, Head-HR, you may take some senior/experienced person from your family/acquaintance along with you.

The junior personnel in HR e.g. executives are usually bound by norms of the company and may not be in a position to approve any waiver. At the most they can peruse with seniors and they may/may not succeed. It is your matter and you need to plead your case effectively with good offices.