What is this establishment: Commercial or Industrial?
You are located in which state and Redg. office of the company is in which state?
What is your designation and nature of duties?
It shall be appropriate to show all docs including but not limited to job advertisement, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the establishment, service agreement…………………… to a competent and experienced labor consultant/service lawyer. The lawyer that has seen all of your docs can advice you the best.
You have posted that:
--------“ i joined as a fresher by signing a service agreement of paying 50000 in case i leave the company before two years.”
If the company has not incurred any expense on providing any training that added to some extra ordinary skills, educational qualification of the employee……………the company may not succeed to extract any amounts from employee.
The training pertaining to products, policies, strategies etc of the company should be provided without any cost to the employee.
Other view is that if the matter lands up in court of law the court shall decide on the reasonableness of the matter and reasonable amounts if any.
-------“ As I was unable to pay that uch amount that time i resigned and came out.”
“I am ready to pay them now.”
“I didn't get my relieving or experience letter.’
You did not leave with proper relieving. The company must have inserted adverse comments in your personnel file, service card.
The company might have issue some communications to you for reporting to work or having absented, absconded, abstained from duties which is misconduct and it might terminated the employment.
The company may not agree to issue proper relieving letter with good comments on conduct.
It may still issue adverse comments during BGV/reference check.
Therefore you may write to supply acceptance of resignation, to allow you to examine your personnel file and negotiate to remove the adverse comments if any, and obtain relieving letter with good comments (avoid without comments on conduct).
You may claim that you have properly resigned by submitting resignation and have not absented, absconded, abstained…………………….
-------“ I don't know whether the new company will do background check in NASSCOM or through any other media to find out whether i am in blacklist and withdraw my offer.”
Did you register with NASSCOM? If not how can any comments be posted in your profile.
Did the employer state in job advertisement, interview call letter, selection letter, offer letter, appointment letter etc that the employee shall have to register with NASSCOM?
Is it included in standing orders of the company that the employee shall have to register with NASSCOM?
NASSCOM is “NO AUTHORITY” to blacklist any one…………………………….!!!!!
The company, its promoters, HR, line managers, lawyer anyone for that matter is “NO AUTHORITY” to blacklist any one…………………………….!!!!!
Any such attempt, activity can be contested.
The Trade Unions, IT employees Unions have been agitating and NSR has clarified that it does not blacklist anyone.
------“ Please help out how to solve this issue.”
Negotiate well with company if at all you want to. Obtain everything in writing.
Approach trade Unions and your lawyer, alongwith elders in the family.
The lawyer that has seen all of your docs can advice you the best.
You may find the IT/ITes/BPO employees unions, some of these are;
https://www.itpfindia.org/
https://www.itecentre.co.in/
Contact Us
Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912
Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com
https://ithiworld.wikispaces.com/News+Update
ITHI, a forum
of women employees in IT and ITeS
IT/BPO Voice of India | Facebook
CBPOP (the present UNIDOC)
www.unitespro.org
https://www.wbitsa.org/