Concern about relieving letter remark


Dear Sir,

I had joined Wind World India Ltd. on 21 May 2015, with a bond of 3 years of bond value rupees 50000/-. I worked there for 9 months, then to my surprise, i found that my salary id delayed for more than two months continuously. When I enquired to HR about the reason, he told that people over here is working for 7 month delay salary and not complaining, then why am i asking such question. He also mentioned that since company is facing some ups and down, this is common in 50% of IT company and said me to adjust it. I also observed that although my pf is deducted from my salary slip, i am not given my PF UAN Number. When I asked for it, HR said that it is still pending for deposit in PF account, although it is been cut from my salary from past 9 Months. Being a sole earner in my family ( with responsibility 0f my father, mother and home loan), I decided to resign and server 1 month notice period and as well as pay up the bond value to the company and start new search. In return, I requested them  that since I am paying up my bond value, please clear my relieving and experience letter for past 9 months in the company. But , I was surprised that the are not only replying me my resignation mail, but alsos forcing me to say, saying two month salary delay is not valid reason. Now sir, I seriuosly could not adjust such delay for carring out my responsibility and when I tried to make them understand this and tried to convienced them, they told me to leave right then and be consider me in abscond category. When I refused to accept their solution and siad i am paying the bond value and ready to follow every procedure for getting the relieving letter and not be consider in abscond category, the HR got angry and he processed my Full N Finall settlement. But while doing so, he enshured me that he will put bad remark in my relieving letter.

So, Sir, i am in fear that after submitting them bond value and Full N final settlement form, if he gives me bad comment in my relieving letter, it will have a bad impact in my future carrer, Please suggest or advaice me what should i do in such scenario, I know that somewhere he is doing wrong with me. Please help.

 
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Since you are paying your Bond and also adhering into company policy, I would ask them the question how much extra payment do they require if they were to give you a good decent relieving letter? I personally do not like to deal with things this way, but I think once you are in such a situation, the relieving letter should not have negative values which could impact on a person's future career. You must also ask them why they are putting negative values into your relieving letter despite you are paying your Bond to them. Alternatively if you have not paid your Bond you could hold onto it until they negotiated this with you.
 
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Thank you sir.....for ur advice..... i have followed it and got my releiving letter and experience letter.....but sir...they did not give me my UAN number against my pf number. Just , for the information, none of my salary slip has uan number againsts my pf account , but i have seen my pf ammount being cut from my salary slip. When i asked for it, they avoiding it saying that it is in process. Based on the pf account they shared.... i cannot generate my uan number online too... please suggeat wat should i do for getting my uan number.
 
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FIN

The employer was unworthy of being employed with as it breached the contract by not paying earned wages on promised/fixed date, and by committing criminal offence of not submitting the PF contributions. In such scenarios the Bond/liquidated damages, notice pay should loose its sanctity. An able counsel specializing in labor service matters may opine further after examining the employment related documents and may comment that 60 days notice period was not applicable at all in your case.
 
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You need a consultant who give you whole information about that.

 
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Labour Law Advocate

1. Bond and agreements for this kind of bonded labour is illegal in India. A company cannot under no circumstances force you to remain with you. Maximum the company can recover from you is the actual cost they incurred in giving you special training. Even for that they have to recover it through money suit. I suggest do NOT pay the bond amount of Rs.50,000/-.  

2. Salary of an employee has to be paid within 7-10 days of the next month. Under no circumstances, one can hold salary of an employee. If taken to court, it will attract penalty/ interest.

3. Deduction of provident fund contribution from employee and not depositing it is an offence for which you can directly lodge a complaint before the EPFO.

On the whole, I think even if you pay the bond money of Rs.50000/- they are going to delay the payment of your outstanding wages and other dues, if any. And most probably they might put a bad remarks on your relieving letter. 

I suggest you consult a labour lawyer with all relevant documents before taking ANY steps.

 
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FIN

The querist has already posted in his 2nd post that he has already paid the Liquidated Damages inserted in so called Bond!

The querist can proceed to recover it from such unworthy/unscruplous employer.

 

 

 
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