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Hi all
Very interesting topic and givng lot of information.
here i give live case
One of my friend has worked for a company more than 11 yrs and he left the company , though he has informed them about leaving , employeer has threaten him so left the company with out giving resignation letter and the present employer has joined him . The previous employer has written letter also to the current employer .They has ignored the same .Nothing happend to him .then the previous employer has issued termination letter delibarately (paper corresondance has also happend between the employee and previous employeer) . Now he is comfortable with the present employeer .
Can he get gratutity and PF transfer to the present Account.
If he moves further , will it has any issues (like service certificate )
ie. his termination letter speaks negtive about in his futher


Hi All,
I got recruited by WIPRO in India and came to onsite on assignment and served at onsite (USA) for 2 and half years. Total I worked for wipro 4 years.
I resigned to wipro 2 months ago at onsite (USA) and when I am asking for the experience letter, they are saying that I have not given 2 months notice period. Actual Notice period I had given was 3 weeks .And also asking me to pay 10,000$ For liquidity damages. read rest of the post here
Wipro Not Providing Experience Letter | Share Your Work Experience

From India, Madras
Viral,
Now I think your main query is that whether his / her suit is tenable or not due to delay in filling the suit. Am I right ?
Mine conclusion was based on the actual case dealt as I had faced the same thing in one of my earlier company that few employees has filed the case after a gap of 6 years on the company, but I was managed to dismissed their petition on the ground of late filling. But that was in the Labour Court.
I think if we take up this matter as a case study with some actual facts data, then only I think we may be able to arrive on some solution. Like whether he / she still working in the same company? If left, then how long it has been?

From India, Delhi
Rajeev....... Thnx for the concern........
No dear that I have received after starting this thread. and he/she is working in the same company. He/she has just completed his/her agreement period in March 2008. So it will be in time limit.......But main question is if he/she file a case against the employer then it will pakka k employer will enforce him/her to leave the company at any cost....... Now the amt. is 60-70k which he is entitled........ Now He/She asked me to give suggestion what to do????? It is sure k........ court case will affect his/her current job.. then what will be the practical way to collect that much amt.

From India, Mumbai
Dear Friends
Im sorry to take u back to the main question of this thread.
Herein this discussion i observed an confusion between bonded labour, service contract and the word bond. Pls note that all the terms are absolutely different, remote and no where similar to each other.
What is Bond?
The Bond we are discussing here is nothing but Indeminity Bond (Sec-124 of Indian Contract Act,1872)
It is entered into to make the loss good by the indemnifier to the individual in favour of whom the bond has been made.
Now the question how the loss is to be calculated the answer is lies in section 73 of Indian Contract Act which states the compensation or loss of damage caused by breach of contract.
Regards

From India, Vadodara
Sorry if I sound rude here. But I am used to the HR polices (US) for the last 10 years and I am surprised to see that an employer would charge and employee for leaving the company. Sounds stupid and wierd.

If there is one thing an employer is charging for the employee leaving then they should look at what can we do to keep the employee(s) rather forcing them to stay with them for a period of time. As we all know as long as you force someone to do a particular thing they tend to find means to cheat and do it without your knowledge. We all did while we were growong up and some of us still do it...

It is absurd from the companies stand point that they should be even thinking of collecting money from people who leave the company. Shouldn't it tamper their reputation in the employee community and people stop applying to these comapnies. You cannot do that.

I personally think that this is worst exploitation of the employee community.

As again, I am sorry if I hurt any one's feelings or any companies polices. I believe in retaining the employee by means of showing them your values (and teach them also) help them understand how they are better of with the company and if they find some thing better than this, we are happy for them that they are growing but at the same time sorry to loose a great asset of the company.

Again, I am new to this group and also to the HR policies in India so I am slowly trying to get into the groove.

From India, Kochi
Thanx cyberhr......for ur valued view..... Can u please throw some more light on the bond system or something like that in US?
From India, Mumbai
Dear Cyber HR
Its good to see that u r tooo emotional and human....
But my friend every coin has two sides..
Now what about the employer who invest resources to sharpen the skills of the employees which they never able to gather from the schools and colleges operating in INDIA and the same employee left the Employer in lurch...
hope im sounding logical.
Every case is to be decided on merits, who r we to question the wisdom of Legislature and Judiciary.
Regards

From India, Vadodara
Well I belive you are talking about India. Its there in another parts of the world as well. US donot need these as they have labour available in plenty???? There are Indians who stand in que come rain or high water to ge the damnenable US visa...but we have only the people who remain here counting off what has left to the US/UK/AUssie/UAE???? Yes I agree that we should concentrate more on keeping people with us. And this is one way we have seen to do so,albiet, a coarse one. Hope Cyber HR agrees????
From India, Gurgaon
in principle the constitution protects the freedom of the citizens, hence taking a written bond to work for certain years with bond money deduction is normally opined to be a weak illegal practice, which however is being practiced with a hope to gain stability of employees nowadays under the pretext of training costs which is valid only for very special training imparted on a specific technology transfer to occur/training abroad; but yet employees do abscond not caring for the security deposit or bond money as much better opportunities are availabe compared to the oppresssive practice.

from human relations point of view a healthy culture is to inculcate a culture and a corporate image where employees/people would feel proud to associate with the organisation and the value system inspires them to be ethical and protect the promises made mutually on moral grounds with mutual respect without damaging the projects in progress and transferring the knowledge to the would be successor effectively, and the employer too respects the employees right to growth and does not commercially pressurise him to continue longer except to quickly give proper charge and conclude the assignment suitable to enable take it further - no point in bonding a person beyond his willingness through a commercial document without the heart there daily chasing absconding employees leaving a bad taste among the existing employees watching the show - we need to cultivate and build inspiring institutions with superordinate values and a shared vision which one would opt to live with meaningfully - TATAS/INFOSYS etc.

hope this brings in the hrd/od point of view apart from the legalities involved which are anyway bad in jurisprudence where the law protects the weaker section and promotes the spirit of freedom of the citizens. bond/engage the employees emotionally creating meaning for them rather than through a lego/commercial document presumed to harass in the future in an eventuality, which is most likely to occur in a market forced dynamic globalised economy with global opportunities.

regards/kshantaram

From India, Ahmadabad

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