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lsingh (Sr S/W Engg)     16 May 2013

Company introducing new exit policy during notice period

 Hi,

I have resigned from my current organization and now serving three months notice period. During this period, I came to know through HR that on my last working day 
I have to compulsorily sign a document on company's letter head which puts some restrictions on my future employment(Like I cant work for the client or any of its entity that I am serving right now for next two years).

But nothing about this policy was told to me during my tenure in the organization and they are not responding to my queries regarding this document over mail.
Also If I refuse to sign this document they will put my relieving process on hold for indefinite time. 

Am I liable to sign any such document? and what proves do I need to have to proof that I signed this document under pressure? and If I breach any of the conditions mentioned in the document can I get into any sort of trouble legally?

 

Regards,

LSingh,



Learning

 3 Replies

Kumar Doab (FIN)     16 May 2013

 

You have posted that:

 

-----“ I came to know through HR that on my last working day I have to compulsorily sign a document on company's letter head “

 

How did you come to know: Did the HR write to you for it or it was stated verbally?

Did these HR personnel supply you copy of the document to be signed by you?

 If no you need may represent to good offices of your appointing authority, MD, Company Secretary, Chairman that you had supplied notice of resignation dated…………on dated……….as per clause number………..in appointment letter dated…………issued to you and have sincerely served the full notice period of long 3 months, and you have already firmed up your next venture which you have to join immediately after your last day in office i.e. dated……….

 

On dated………….Mr/Ms……….designation…..dept………..name of company………address………..in office demanded that if I want to get relieved properly I have to sign a document printed on company’s letter head………without supplying and showing you any copy of the said document, till dated, and if I do not sign the said document unconditionally I shall not be issued proper relieving documents, and my employability, future prospects, career shall be damaged due to this.  And that copy shall not be given to study/consult.

From date of appointment Till date no such condition was ever supplied to you in writing.

 

On pursuing this matter in person and in office on dated………… Mr/Ms……….designation…..dept………..name of company………address………..stated that the document state that I can not be employed with any company/client for next 2 years……….although no such copy has ever been shown and supplied to you, and such a condition shall damage your source of livelihood, and hence relief is sought form good offices.

 

 

 

--------“Am I liable to sign any such document?”  NO.

The HR personnel have indicated the repercussion to you.

 

-“and what proves do I need to have to proof that I signed this document under pressure?”

 

A written record and evidence, witness should be sufficient.

 

 

-“ and If I breach any of the conditions mentioned in the document can I get into any sort of trouble legally?”

 

Indian courts have declined to enforce non compete clauses post termination of employment.

 

However who can stop an adamant and recalcitrant employer to harass the employee.

 

You may go thru the attachments and consult a lawyer by showing all record, emails etc and documents and give inputs in person.

 

You may fine tune your representation as deemed fit and suitable to you and as advised by your lawyer.

 


Attached File : 506208070 417759075 validity of employment bonds.pdf, 506208070 background paper.pdf downloaded: 252 times
1 Like

lsingh (Sr S/W Engg)     18 May 2013

Thanx for such a quick response. There are responses from my side also to your questions, to have some more clarifications.

 

--"How did you come to know: Did the HR write to you for it or it was stated verbally?

    Did these HR personnel supply you copy of the document to be signed by you?

 

I was informed about the policy verbally. When I asked for a copy to have an opinion about this document, they refused to provide me anything in any format (hard/soft copy) before I sign the document. Moreover, when I escalated about the same to Sr. HR and other superiors like my Project Manager, Sr. PM, Delivery Head for the same, I got a call from Sr. HR stating same things, that they cannot provide me anything in written.

I already have put everything on emails. But, nobody is replying to those mails.

I sent MOMs for each meetings to all these superiors about my understanding and the responses I am getting from them verbally, and have asked for correction if I have mentioned anything in the mail wrong, but no replies from their end in written.

 

--"and what proves do I need to have to proof that I signed this document under pressure? 

A written record and evidence, witness should be sufficient.

 "

Are the emails stating these MOMs are sufficient enough for me to have as a written proof, as I have been trying to reach them over mails, and nobody is denying about my understanding that:-

 

a. my relieving will be halted for indefinite time, if I refuse to sign.

b. its must that I sign this document.

c. I wasn't informed about the policy during my whole tenure in the organization till resignation.

 

I have been sending them MOMs and reminders to reply over the mail, or to have a meeting for more than 15 days now, overall.

 

 

As I donot want my relieving to be put on hold, so I will be signing this document.

Just wanted to be sure, if these emails are enough to prove that they have forced me to agree to the terms they are putting up after my resignation, just in case if they come back to me showing this document and trying to hamper my employment in future.

 

Kumar Doab (FIN)     18 May 2013

 

@lsingh,

 

From the limited interaction in the thread it can be construed that: You have proceeded methodically, to defend your interest.

Proceed further and defend your interest without any affect and loss to you.

In the process if these HR people get grilled let them be…………

 

In your future transactions remain amiable but alert………….

 

If you can you may record reference of your final email to good offices on the document and you must take copy on the spot……………

 

------“I wasn't informed about the policy during my whole tenure in the organization till resignation.”

 

Rephrase or add so as to achieve pointed confirmation that such a term or condition or policy or rules was never kept in knowledge domain of employee e.g. …………….. is neither stated in job advertisement, interview call letter, selection letter, offer letter, appointment letter, HR/exit/severance policy or service rules kept by company at Employee/HR portal @ intranet of the company ( however you must download these documents and keep a soft/hard copy).

 

 

It is a known fact that gossip or rumor can not be rule or policy.

 

But before it is claimed the evidence should be in the custody of employee.

 

Leave no room for employer to dazzle you.

 

 

--------“Moreover, when I escalated ………………………”

 

Escalate to good offices of your appointing authority, MD, Chairman, Company Secretary…………

 

The personnel to whom you have been escalating are not your employer.

 

These persons simply want you to approach court of law if they proceed against you and be dumped in courts of law without any liability and effect on their job, employability, career, coziness of the office……………….

 

If the situation arises for you due to a situation created by them you should succeed in charging them by name and bring them out of coziness of their office and burn fire below their seats and give them blisters……………..

 

They should bear the monetary and legal cost like you.

-------“if these emails are enough to prove that they have forced me to agree to the terms they are putting up after my resignation,’

 

 

These should suffice if you have drafted these and covered everything as posted by you.

 

If you can manage to record (audio/visual) then it shall be superb and if required an employee may succeed in ridding the society from one adamant/recalcitrant/ bad HR personnel………

 

Wish you the very best.

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