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ruchin (Business Analyst)     12 December 2013

What is difference between commitment and bond?

 

'i have joined one IT company. they ask me to signed 2 year COMMITMENT period. i asked them "Is it bond ? "they said no. Now i resigned from IT company because of some medical reason. and i wont be able to continue my Job.

I am sending mails again and again but their is no response from HR and CEO. we are company of 80 people.

Company doesn't provide any PF, mediclaim...other facilities to us. CEO asked me for 1 lac Rupees because I am leaving company prior 2 months.

As I said i do not have any bond than why you asking for money :- They said you have signed COMMITMENT for 2 years.. in normal A4 white paper. not even bond paper

word they used "COMMITMENT" not BOND. now i am requesting them for my experience letter which they are not providing. Let me know what to do in this case.




Learning

 4 Replies

Kumar Doab (FIN)     12 December 2013

 

The committeement to serve the company for period of 2Y or pay compensation is in lieu of which special favor and expense by the company?

 

Has company provided any highly specialized training and incurred expenses and which added to some exceptional skills and qualification of the employee?

 

If no then the claim of the company may not stand test of law.

 

This may be the reason that company is not replying in writing to you.

 

Is it stated in appointment letter that if employee is sick/absent due to sickness employment can be terminated by employer?

 

If employee is sick and need treatment and medical attention employee can terminate the employment.

 

The standing orders applicable to the company (Certified/Model) and extended to the designation of the employee shall prevail upon on any private agreement that employer has signed with employee. The committement cited by you may be in violation of standing orders.

 

Your company has strength of employee>50 and as per laws applicable in your state standing orders might be applicable to the establishment.

 

For application of standing orders an establishment need not be a factory alone.

 

IT companies are covered under Shops and Commercial Establishments Act of the state.

 

The work experience/service certificate should be supplied to all employees.

 

Employer should provide acknowledgment of notice of resignation and issue the guidelines as per wishes of employer on exit formalities, and thereafter should provide acceptance of resignation, work experience/service certificate, relieving letter, FNF statement for verification and acceptance by employee, payment of FNF dues/wages, form 16 as per correct FNF statement, PF number/account slips of entire tenure of service/attested copies of PF withdrawal-transfer forms, Notice of determination Gratuity, NOC/NDC...........................................etc
 
 
Demand to supply you the certified copy of service rules, HR policy, service conditions (standing orders: certified /model) applicable to the establishment, exit/severance policy, FNF policy and any other policy, service codes and regulations applicable to the employee at once by redg. post so as to reach you in next say......................7 days and affirm to pay the reasonable charges if any, company wants you to pay.
 
 
Employee can demand all of these to be supplied by redg. post and you may add that postage prepaid, self addressed envelope is attached wherewith for sending the redg. post to you.

 

 

Do not forget to mention that when you left no task/assignment was pending at your end and you have already affirmed to handover the company property/charge if any with you.

 

 

Has the employer supplied last month salary and salary slip?

 

If No then it must have not paid the contributions of PF,ESIC, group insurance  etc also......................................and must have not deposited TDS.

 

 

The time and day of payment of wages is fixed and the employee can lodge a compliant the minute wages are not paid and delayed even if by a day. The employer can be fined Say Rs.7500/per instance..............................

 

 

 

You may without any hesitation approach your labor consultant/service lawyer with copies of all docs and give inputs in person. The lawyer that has seen all of your docs and has analyzed the inputs can advice you the best.

 

The legal notice by your able lawyer can drill sense into the heads.

The company may not yield till it realizes that  it has to yield now.

IN the meantime you may go thru the attachments.

 

 


Attached File : 32912252 background paper.pdf, 32912252 417759075 validity of employment bonds.pdf downloaded: 216 times

ruchin (Business Analyst)     13 December 2013

Thanks for solving much of my queries.

 

The committeement to serve the company for period of 2Y or pay compensation is in lieu of which special favor and expense by the company?

 

 Ruchin :- Company dint asked for any money at time of joining because as they said it was not an bond. But now they asking for it.

 

Has company provided any highly specialized training and incurred expenses and which added to some exceptional skills and qualification of the employee?

 

 Ruchin :- Company dint expend any type of amount to improve my skills. What ever skills i have improved paid by me (PRINCE 2 @ certified).From the very first week I started working of my own.


 

 

Is it stated in appointment letter that if employee is sick/absent due to sickness employment can be terminated by employer?

 

If employee is sick and need treatment and medical attention employee can terminate the employment.

 

Ruchin :- Its nothing mention in employment letter. They never faced such condition previously i think. As they are not providing any mediclaim or PF i do not think they would mention this part on appointment letter. 

 

 

If they are not replying what should i do than..I am not getting response from company CEO...because HR is of no use..She is just for name...

ruchin (Business Analyst)     13 December 2013

Also my last date of working was 18th October 2013. on emergency basis i have put my resignation letter on 12th October 2013.

They drop me with reply that we approved for your medical leaves... As i haven't applied for medical leave..

I want to know in case they do not provide any think what next step i can take. and what if they right something wrong in my background verification.

Kumar Doab (FIN)     13 December 2013

 

After going thru your posts it is suggested that you must discuss the matter with elders in family, competent and experienced well wishers, lawyer/law firm before saying or writing anything and let your representations be drafted by a trained and experienced person.

 

If company has not spent any amounts on your training then it may not succeed in its claim for any amounts from you.

 

The company has not accepted your notice of resignation/resignation.

 

Instead company has approved your medical leave, and if you do not join after expiry of medical leave it may declare you absconding and terminate with or without any notice to you in writing.

 

Therefore you may submit reminders to your resignation in writing under proper acknowledgment and do not forget to submit final resignation on expiry of notice period.

 

Still company may on its own choose to terminate.

 

Later you may have to struggle to get clear and clean relieving from this company.

 

Due to abscondment/termination you may get negative feedback in BGC/reference check in future.

 

Therefore handle the issue now.

 

Enough has already been discussed in this thread.

 

You may without any hesitation approach your labor consultant/service lawyer with copies of all docs and give inputs in person. The lawyer that has seen all of your docs and has analyzed the inputs can advice you the best.

 

 

 

 


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