Resignation acceptance & joining of central government
AMIT YADAV
(Querist) 07 May 2015
This query is : Resolved
I was working with a public sector General insurance for past two years. Since past five months I am on Loss of pay as I have to give some other examinations. During these 5 months I have submitted medical illness certificate from a local government hospital to the company. ( i would like to mention that on the dates of examiation i wass medically fit) Now as I am selected in central government job I don't want to continue here & have therefore resigned by sending letter through Registered Post.
My previous employer which is a PSU is not accepting my resignation telling that You have to complete lot of pending works & You should submit resignation through proper channel. Some important points -
1) my previous employer has exploited me by taking a one sided Bond that in case I resign before 4 years I have to pay 1 year gross salary + training costs. (For the sake of job I have signed the contract but how are they asking one year salary in addition to training cost).
2) on various occasions I have been forced to work on holidays against my will & my leaves are denied by them.
3) I have suffered both mental & physical trauma as I do not want to continue in job but forcefully made to do so due to bond which I think is invalid.
4) Now they are again harrasing me even though I am ready to give bond amount & already given my resignation letter from the organisation.
5) Organization has not incurred more than 50k on my training & they are asking me to refund that amount plus one year salary that is total 4.5 lakhs.
6) I have informed my new employer Staff selection comission about it but they don't require NOC from PSU so I have not taken any NOC. Now SSC is asking relieving letter from previous employer which they are not giving, I feel totally cheated harrased by a PSU how can do like this to me.
Please guide me what to do for this .
Sudhir Kumar, Advocate
(Expert) 07 May 2015
1) my previous employer has exploited me by taking a one sided Bond that in case I resign before 4 years I have to pay 1 year gross salary + training costs. (For the sake of job I have signed the contract but how are they asking one year salary in addition to training cost).
IT WAS YOU ONLY WHO SIGNED SUCH BOND.
Sudhir Kumar, Advocate
(Expert) 07 May 2015
2) on various occasions I have been forced to work on holidays against my will & my leaves are denied by them.
IT IS NOT AN IRREGULARITY. YOU WERE ON GOVT COMPANY. IF YOU ARE REQUIRED TO WORK ON HOLIDAYS THEN YOUR WILL AND WISH DOES NOT MATTER.
WITH SUCH PREJUDICE YOU MAY THINK TWICE JOINING GOVT SERVICE.
Sudhir Kumar, Advocate
(Expert) 07 May 2015
3) I have suffered both mental & physical trauma as I do not want to continue in job but forcefully made to do so due to bond which I think is invalid.
WHY DO YOU THINK IT WS INVALID.
Sudhir Kumar, Advocate
(Expert) 07 May 2015
4) Now they are again harrasing me even though I am ready to give bond amount & already given my resignation letter from the organisation.
HOW THEN THEY ARE ABLE TO HARASS YOU. I HOPE YOU HAVE NOT DEPOSITED THE MONEY.
Sudhir Kumar, Advocate
(Expert) 07 May 2015
5) Organization has not incurred more than 50k on my training & they are asking me to refund that amount plus one year salary that is total 4.5 lakhs.
IS IT AS PER THE BOND YOU SIGNED?
Sudhir Kumar, Advocate
(Expert) 07 May 2015
6) I have informed my new employer Staff selection comission about it but they don't require NOC from PSU so I have not taken any NOC. Now SSC is asking relieving letter from previous employer which they are not giving, I feel totally cheated harrased by a PSU how can do like this to me.
WHETHER SSC IS EMPLOYER OR RECRUITING ON BEHALF OF EMPLOYER.
IT IS NOT THAT YOU ARE CHEATED OR HARASSED RATHER YOU HAVE BEEN CAUGHT IN OWN WEB.
Guest
(Expert) 07 May 2015
What sort of help for which specific problem you desire help is not clear from your description, e.g, whether on validity of bond or your resignation problem.
However, you are advised to get the terms & conditions of your employment and the bond examined by some expert to enable him to guide you appropriately on whatever problem you experience right now. Without examination of the offer/ letter of appointment and bond, appropriate opinion may not possible to be formed.
Kumar Doab
(Expert) 07 May 2015
Agreed with Mr. Dhingra.
The matter can be responded in one attempt.
There might be many faults and breaches that can be your advantage.
You are perturbed because the new employer has demanded relieving letter.............and that is why you have agreed to tender the payment of so called Bond. However if you wish to agitate later you may pay it under protest or after building a favorable written record under proper acknowledgment, of course under expert guidance of your able counsel and preferably drafted and structured by your counsel.
Relieving letter signifies that nothing is pending against the employee.
The payment of Bond/liquidated damages shall have a meaning after you have been separated in writing, by acceptance of resignation.
You are on LOP for 5 months.
Hope it was approved.
'What and which lots of work' is you left pending 5 months back that you need to complete, now after resignation? Has this been stated in writing?
Is it stated in appointment letter, Service Rules and regulations mentioned in appointment letter that resignation should be routed thru proper channel then you can send another copy thru the channel.
By common sense the person that has received the resignation can also send it to the concerned personnel of channel. After all the person that has received the resignation is also a servant of the PSU!
Avoid proceeding on your own and prefer to spend quality time with your counsel.
