Reg reliving after bond completion

ClauseNo;7;

The hours of training are recorded in daily attendance sheet.

Although you are appointed as an employee from day 1 but no wages it is mentioned that no wages shall be paid for 6 weeks.

Has the company paid any allowance/wages during training or any extra wages for extra hours?

Did you actually undergo any training or you were assigned to work like regular employees?

The training provided to you was on products, processes, strategies, work norms, marketing policies etc of the company or some educational training which added to your skill and qualification?

Did the company provide any certificate/certification for the training?

The training was provided by some technical experts/ outside faculty or inside faculty?

Did the company provide any breakup or lumsum amount it spent on training/head?

--Did you sign any separate service agreement and did the company allow you to go thru it and did it provide a copy after you signed on it?

--Did the company conduct any appraisal and grant any annual/periodic increment in wages?

--Where is head Office of this company?

If the company has not provided any specialized training and did not incur any expenses it might not succeed in keeping you under bond.

However you may show all documents to a competent and experienced labor consultant/service lawyer specializing in handling similar cases.

You need to build strong rapport with line HR/Line management of new company and convince them { followed by written communication} that your previous employer has declined to issue acceptance of resignation/relieving letter/FNF statement etc, and you have signed a service agreement, and you can provide copy of the resignation, proof of dispatch { by redg. post} and POD {which you can obtain from PO}. The company may agree and may ask you to sign and affidavit/indemnity stating you are not employed elsewhere.

Your new company might also be declining to accept resignations and might be treating employees in the manner or even worse as your old employer. This is every day situation in industry happening in almost all companies small or big.

The old company may agree to receive prorated penalty from you e.g. if total expense on specialized training if any is say Rs.100000/ and period of bond is say 3 years and you have worked for say 2.5 years the amount of penalty may be say Rs.17000/-

You may not resign with immediate effect and may tender notice of resignation in writing under acknowledgment.

You may find the attachments useful.

Valuable advice of learned experts/members is sought.

They did  not provide any traning , And my bond is 2.6 years . 6 months extended if u i am in project . but i am not in project right now . so i have completed my bond right ?

Any Gov Org is there who can help me out ?

By the last day of the bond period you are not involved in any project hence no extension.

You may submit your resignation under proper acknowledgment addressed to the good offices of your appointing authority, and explain that no bond is applicable and you are tendering notice of resignation and your effective date of resignation/last day in office shall be dated…….and good offices should make arrangements for smooth exit formalities.

Request the good offices to supply you acknowledgment of your resignation by regd. post immediately and correct FNF statement {with leave encashment, gratuity, bonus, performance pay etc…..} on letterhead of the company/prescribed stationary with logo and address of company under original seal and signature by hand of the competent employee of the company with his/her full name/designation/dept/address under his signature, FNF dues by bank DD only, form 16 as per correct FNF statement, PF number, PF account slips for whole service period, attested copies of PF withdrawal/transfer forms{ submit the forms under acknowledgment}as you shall submit these on your own to PF office, work experience/service certificate, relieving letter, NOC/NDC… etc., should be handed over to you by your last day in office.

You may request in writing to good offices to inform you in writing to whom you should handover the charge under proper acknowledgment on the spot. You may mention that normal/routine duties be assigned to you on day to day basis which can be completed within and up to your last day in office only.

This is an opportunity to mention and narrate that during the period from dated……….to dated…….{date of submission of notice/resignation} your wages have not been paid to you on time and have been paid after heavy delay and lot of clamoring by you and ……narrate other issues…

You may address all representations to good offices of your appointing authority, MD, Company Secretary, Chairman, official who has signed on the bond and request for an appoint in person on dated…….time…..{ as suitable to you} and request to allow you to let you examine your personnel file maintained by company in its HO.

If you are coerced, forced, pressurized, and threatened in office you may record {audio/visual and keep evidence/witness. Mobile comes handy}.

In a given situation employee can approach trade union, and/or invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.

In case of an issue it shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents salary slips emails etc and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman. Has the company retained any of your original certificates also?

Your lawyer may agree that your certificates are being illegally held with malafide intentions and you should lodge a police complaint, under offence punishable under section 403 {Dishonest misappropriation of property} ,406{criminal breach of trust}, 420 {Cheating}, 368 and may suggest some other sections as well.

Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.

You may look into SE Act applicable to your state; IESO Act/Model Standing Orders which may be available at Dept. of labor website of your state/SE Inspectorate or you may buy from market. If your establishment is covered under IESO act and has not framed its certified standing orders model standing orders shall apply.

The bond may be in violation of standing orders of the company.

If you are being put to intolerable situations you may record and shoot representations to good offices and report to other lawful authorities with the help of your layer and resign, concluding employer is unworthy of being employed with.

Your lawyer can help you to structure your representations and notice/resignation to suit you in the long run.