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nid45322364 (n/a)     07 September 2013

Employment termination and fnfs

I was employed by a MNC tech company on May 2012, on a two year bond of Rs. 2 Lakhs.

After 11 months, I had to leave company in a jiffy, and didn't contact, anyone there. Following which

they terminated me on grounds of misconduct, with no relieving letter ( i didn't ask for it, as i didn't need it).

Now they have sent me a FnFS of Rs. 2.13 Lakhs. 

I know, its mistake on my part, as i had to leave the company in an unceremonious manner. But now, what are my options,? What if i completely ignore it? Or should i respond, but how and on what grounds?



Learning

 1 Replies

Kumar Doab (FIN)     07 September 2013

You have posted that:

 

--------“I had to leave company in a jiffy” “i had to leave the company in an unceremonious manner.”

You should have contacted your lawyer at that time and should have submitted carefully structured representations in writing to render employer unworthy of being employed with.

 

-------“and didn't contact, anyone there.”

Absconding, abstaining, absenting is misconduct………………………….and company might have issued communications/notices/publications in newspaper/ legal notice/show cause notice and must have terminated employment afterwards.

You have given full opportunity to company to spoil your record.

Employee should never act in haste and should always consult elders, competent and experienced lawyer, and trade union leaders before acting on his own.

--------“I was employed by a MNC tech company on May 2012, on a two year bond of Rs. 2 Lakhs.’

If the company has not provided any training that added to your special/extra ordinary skills, qualifications the company may not be justified in asking for some bond.

Did the company provide anything to you/incurred heavy expenses in lieu of which it asked for bond…………………………………The liquidated damages inserted in bond are in lieu of what favor by the company?

 

--------“with no relieving letter ( i didn't ask for it, as i didn't need it).”

Did the company supply service certificate?

Model Standing Orders:

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

 

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

 

You may show job advertisement, interview call letter, job application, selection letter, offer letter, appointment letter, bond, show cause notices, termination letter, FNF statement and all other communications you have exchanged with company to a competent and experienced labor consultant/service lawyer specializing in such mater and give inputs in person, and proceed under expert advice of your lawyer.

 

 You may find the attachments useful.


Attached File : 278569866 model standing orders industrial employment standing orders rules.pdf, 278569866 417759075 validity of employment bonds.pdf, 278569866 background paper.pdf downloaded: 117 times

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