Regarding Clearance After Resignation. - CiteHR
Saswatabanerjee
Partner - Risk Management
Kamalkantps
Advocate
+2 Others

Prime Sponsor - FactoHR.com - Payroll Software with GPS Enabled Attendance, Travel, Performance Management, HRMS. Explore Features
Hello Everyone,
It would be great if you could help me with your suggestions on the following issue.
I worked with some organization for 1 year and left it after having a mutual understanding with my regional head and dept. head. However its been almost 5 months and m not getting any clearance from organization side. And now they are saying that as per the joining documents i was bound to work for 2 years at least. This all was discussed by me with my regional head and dept head at the time of leaving and resigning. In fact i also served one month notice period as per the rules. Kindly help me to know the solution of such problems.
Thanks.
Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Hi Kirtiahuja, Can you tell us what your appointment letter says regarding the resignation?? Also have you received the acceptance of your resignation letter.
Dear Kirti,

Have you signed any bond of any sort with your company or it was just a term in your employment contract. This question is very important as it will decide the legality or illegality of their action.

There could be two scenarios

1. First That you have signed a bond of service for two years. In this case if they have provided any training to you to raise your skill level and for that they have spend a considerable amount of money only and only then they are entitled to ask you to serve you for 2 years. Even after that if in case you want to leave the organization employer cannot stop the employee from doing so. At the best they can only ask to pay the bond money. Any bond signed without giving a proper training or without actually spending a considerable amount of money on such training is totally illegal and also may attract Penal Provisions.

2. Secondly That it is just given in your appointment letter as a term. In such a case such term has no relevance and be prepare and take your employer to labour court to recover your dues. In most of the cases only a notice from any lawyer will get you the money. In case it doesn't You can approach to the labour court.

Hope this clears the situation. Please feel free to call in case of any doubt.
Dear Sir,
i truely appreciate and thank you for your wise suggestion. and infact i agree with your points because we were actually not given anyy sought of training in this terms and resignation thing happened on the basis of mutual understanding. however now i doubt that the management team may deny for this because this understanding was not on pen and paper.
anyways thanks for guiding me , i will certainly take help of law if required . :) Thank you.
Regards,
Kirti
I hope you realise that going to a labour court is expensive and in the end does not guarantee that you will receive the money. Besides, the court will ask for your presence which will result in disruption of your work schedule. Are you prepared for that ?
Dear Saswata,
I think that she would not need to go to labour court in most cases the settlement is done at Labour Commissioner level if you have even 50-60% chances to win in that case. Although she has a valid point here so i do not think that she will have any problem in exercising her right
Actually a very funny thing I heard this week from my clients. Every case going before labour courts today, the principal officer (I think that is what the judges are called) are telling the lawyers : ask your client to settle mutually and withdraw the case. Dont make me do unnecessary work or recording the evidence and hear long arguments is such a case :)
I am told even in appeal cases, high court is asking first both parties to consider a mutual settlement. Only if both parties refuse they are taking up the case. Went through 7 such cases during a review
Sure it is right. There is no need to fight if the matter can be amicably settled. It also saves the unnecessary pendency before Court and saves both parties money and time.
I strongly feel that mediation is the best way to resolve the dispute. Now a days most of the disputes are pending due to some or the other technicalities of the Law or due to intervention of some other people like advocates, relatives or some so called well wishers who do not want the matter to be settled. In mediation the good thing is that mediator makes both parties sit across the table and lets them to decide for themselves.
"A dollar today is better than a dollar in the future"
If a matter is decided amicably there is nothing like it.
Dear All,
Thanks again for being an assistance to my query. I agree to you points and that is what even i believe. i'll be visiting soon to my HR and HOD so as to get it done through mutual understanding only. Lets see what happens, rest all depends on the outcome of this visit. :)
Regards,
Kirti Ahuja
Prime Sponsor - Talentedge.com "Interactive Anywhere Learning". Executive courses from top reputed institutes like IIM, XLRI, MICA. View Courses
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™