If serving notice period is counted for serving bond

HR personnel are struggling to establish that they are saving monies for employer and do not mind to instigate and altercation and dispute.

At times they have employer’s internal and private policy for them to operate.

It is also believed that if a dispute is precipitated then it is legal cell/lawyer of the company that shall appear and Line Mangers/HR personnel won’t have to appear and will remain in coziness of their offices.

The operation team is right.

However you are made a ping pong ball by different personnel by verbal transactions. Although, they may exchange internal emails between themselves (without keeping you in loop), to save their skin.

It is one for one of the reasons that if dispute occurs then somebody else should get blamed.

Neither HR personnel nor operations personnel are your employer.

You may escalate to good offices of appointing authority, MD, Chairman in writing under proper acknowledgment with a copy to you.

You have posted that:

---“some  person in HR are saying that i need to pay if i put down my papers in June 2015.But operation teams is saying that last working day is counted. But no one is giving in writing.”

Record all of such verbal transactions (audio/visual/witnessed/minuted).

Each day for which employee is in employment is counted in employment/service period.

---“ " In case of voluntary separation with in 12 months of Disbursement of the amount, total amount remitted by the company will be recovered from full n final Settlement. On 15.09.2014 a Demand Promisionary Note with Revenue Stamp on it was signed, stating- that in the event that leave the services of company prior to 07.09.2015 then, the amount received as joining bonus  will be unconditionally paid to the company.”

“Suppose in case of resignation on 15th  June 2015 and after serving notice period of 3 months (90days) get relieved on or after 15th Sept’15 (Last Working Day is after completion of 1 year of joining).”

The date of separation is on or after 15th Sept’15…………………..i.e after 07.09.2015.

Hence there should be no recovery.

In case there is any recovery shown in FnF statement then you may decline to accept it in writing or atleast you must submit in writing that FnF statement is erratic (narrate the errors) and not acceptable and you are being pressed to sign it or ………………………(narrate so as to establish that you signed it under duress)…………….

You should provide full information, pointwise!

What is this establishment registered as: Commercial, Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 Before you were located at which location?

Currently you are location at which location?

Did you mention in writing that you will have to relocate and all expenses are to be born by the company?

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter, and so called BOND?

 The BOND was created in lieu of what: some certified training paid by employer from some certified Intt. That added to your qualification or some extra ordinary favor and expenses from employer?

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Is notice period of 90 dasy inserted in appointment letter issued to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

You may show the job advt, job application, interview call letter, offer letter, appointment letter, HR Policy/Service Rules and regulations/ etc that are mentioned in appointment letter, CTC sheet, joining bonus policy/relocation policy, Exit policy, FnF policy etc to an able Labor Law Consultant/Service Matters Lawyer/Law firm and proceed further under expert advice of your lawyer.

Please suggest what to do now. Pointwise reply to your queries is:

1) Industries

2) Production

3)more than 50000 in different locations at the same time

4) Registered off in mumbai, im in gujarat

5) code of conduct and diciplin guidelines are there.

6) HR policy is there but for notice period and bond period case it is silent

7) every month we hv salary slip with pf no.

8)  i have not resigned.

Pl guide p

Pls suggest what to do now. If my company doesnt give in writing then in this case if i resign on 9th Sept'15 & serve notice period of 20 days getting relived on 29th Sept'15 ( 366th Day after disbursement of Joning Bonus, which was disbursed on 29th Sept'14) and pay balance notice period amount. In this case will they be forcing me to pay back joining bouns and house hold shifting amount disbursed to me

You have not replied pointwise to all points.

If it is stated in appointment letter issued to you that notice pay can be tendered in lieu of notice period then both employer and employee can do so.

The employer can not breach its own contract.  

You may show the job advt, job application, interview call letter, selection letter, offer letter, appointment letter, HR Policy/Service Rules and regulations/ etc that are mentioned in appointment letter, all communications exchanged for joining Bonus/relocation expenses etc, CTC sheet, joining bonus policy/relocation policy, Exit policy, FnF policy etc to an able Labor Law Consultant/Service Matters Lawyer/Law firm and proceed further under expert advice of your lawyer.

Your counsel may opine that 90 days notice period may not necessarily be applicable to you and draft all communications that you may submit to build favorable written record for use at appropriate time in appropriate forum.

What is this establishment registered as:  Industrial?

What is its line of business:IT,ITeS,banking etc? : Manufacturing, Production

How many maximum persons are employed in it at any point of time? 50000 and more

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?  Mumbai

Before you were located at which location? DELHI

Currently you are location at which location? Gujarat

Did you mention in writing that you will have to relocate and all expenses are to be born by the company? Yes.

  What was your designation and nature of duties? Coordination,Project Management

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter, and so called BOND?

Yes.

 The BOND was created in lieu of what: some certified training paid by employer from some certified Intt. That added to your qualification or some extra ordinary favor and expenses from employer?  for Joining Bonus ( there is no use of BOND word in the appointment letter)

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you? Yes

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge? : Not resigned as of now

Has acknowledgment of notice of resignation, supplied to you? : Not resigned as of now

  Is notice period of 90 dasy inserted in appointment letter issued to you? : Yes

Are you a member of any employee’s/Trade Unions? : There is union.

What was your monthly salary? Around 50k

  You may show the job advt, job application, interview call letter, offer letter, appointment letter, HR Policy/Service Rules and regulations/ etc that are mentioned in appointment letter, CTC sheet, joining bonus policy/relocation policy, Exit policy, FnF policy etc to an able Labor Law Consultant/Service Matters Lawyer/Law firm and proceed further under expert advice of your lawyer.  

Pls guide now

You should understand that we can not keep on prompting you to reply to all points that are raised to have better understanding and to make first hand impressions that may help you.

It is loudly clear that the company may not liberate you easily.

--- You have not replied to and you may reply to:

Is it stated in appointment letter issued to you that notice pay can be tendered in lieu of notice period by employee, if employee separates by resignation? If YES: at what rate: basic/Gross/CTC?

If NO: Is it stated in appointment letter issued to you that notice pay can be tendered in lieu of notice period by employer if employer initiates separation by termination? If YES: at what rate: basic/Gross/CTC?

Do you have the certified copy of Demand Promisinory Note dated: 15.09.2014?

Did you sign any  Demand Promisinory for  House Hold Shifting Expense Disbursement also? Id yes What is the date on it?

Does the company have its CO (certified Standing Orders) and is your designation covered by it? If yes what is the notice period inserted in CO? Do you have copy of CO?

If the company does not have CO then Model Standing Orders should apply to it? Would you be covered by the def. of 'Workman' as in Model Standing Orders /ID Act?

What was your designation and nature of duties? (Elaborate). Did you have power (not just recommend) to sanction leave, grant increment, appoint or terminate? Can anyone cancel your recommendations?

Are there any Works Committee and/or GRC in the company? Can you go to them?

What is this establishment: Government or Private?

---You have posted reply that:

“Are you a member of any employee’s/Trade Unions? : There is union.”. Would it support you?

"Did you mention in writing that you will have to relocate and all expenses are to be born by the company? Yes."

If it was a precondition set by you then you seem to have agreed to a condition set by employer that you agree to serve for a period of 12 months  as posted by you at (A) (1)................

The date seems to have been reset by  a Demand Promisionary Note dated: 15.09.2014 to 07.09.2015 as posted by you at (A) (1)................while (A) (2) keeps the date at 12 months from joining.

It is reiterated that: You may show the job advt, job application, interview call letter, offer letter, appointment letter, HR Policy/Service Rules and regulations/ etc that are mentioned in appointment letter, CTC sheet, joining bonus policy/relocation policy, Exit policy, FnF policy etc to an able Labor Law Consultant/Service Matters Lawyer/Law firm and proceed further under expert advice of your lawyer.  

It is quite a voluminous task and you should spend quality time with your lawyer.

 Is it stated in appointment letter issued to you that notice pay can be tendered in lieu of notice period by employee, if employee separates by resignation? If YES: at what rate:  3 Months Basic. It is mentioned in the appointment letter that employee can also terminate his employment at will at any time .

Do you have the certified copy of Demand Promisinory Note dated: 15.09.2014?  No i dont have the dertified copy of it.

Did you sign any Demand Promisinory for House Hold Shifting Expense Disbursement also? Id yes What is the date on it? :  No demand promissioary note was signed for Hosue Hold Shifting Amount.

Does the company have its CO (certified Standing Orders) and is your designation covered by it? If yes what is the notice period inserted in CO? Do you have copy of CO? If the company does not have CO then Model Standing Orders should apply to it? Would you be covered by the def. of 'Workman' as in Model Standing Orders /ID Act? What was your designation and nature of duties? (Elaborate). : Dont know about the first part. My nature of duties are project management and day to day cordination for smooth functioning of the project.

Did you have power (not just recommend) to sanction leave, grant increment, appoint or terminate? Can anyone cancel your recommendations? : No I dont have, my reporting manager and also his seniors can do it 

Are there any Works Committee and/or GRC in the company? Can you go to them? What is this establishment: Government or Private?  : Private Limited

You have posted reply that: “Are you a member of any employee’s/Trade Unions? : There is union.”. Would it support you? " : Sorry there is no union

Did you mention in writing that you will have to relocate and all expenses are to be born by the company? Yes." If it was a precondition set by you then you seem to have agreed to a condition set by employer that you agree to serve for a period of 12 months as posted by you at (A) (1)................ The date seems to have been reset by a Demand Promisionary Note dated: 15.09.2014 to 07.09.2015 as posted by you at (A) (1)................while (A) (2) keeps the date at 12 months from joining. 

It may please be noted that it is no where mentioned that one can not be on notice period during 1 year period.

Check on Certified Standing Orders/Model Standing Orders and post accordingly.

The designated person in HR/HR-Head/MD etc have to rpovide the certified copy even if against a nominal payment say Rs.10/ --

Employee or anyone can obtain the copy from Certifying Officer that might be DLC in o/o Labor commissioner against a reasonable payment say Rs3/page..........

IN any case the date shouldn't be beyond 29th Sep,15.