Saswatabanerjee
Partner - Risk Management
Jeshkan
Manager-hr
Jpatadiya
Business
Deepak_medekar@yahoo.co.in
H.r Manager At Vasai.
Sandeep315
Trainee
Sumathi.p
Administration & Operations
HRM PGDM AIMA
Joint Manager In Dabur Nepal Pvt Ltd.
Subsgowda
Executive Hr
+2 Others

Thread Started by #sandeep315

I have joined in company by signing bond of 2 years to break bond i have to pay 1.5 lac bond say 6 months is training and 1.5 years have to serve but in training either they can terminate or i can terminate.Now i have completed 23 months and 1 month to finish 2 years in between for every 6 months i got a letter saying training has been extended .now i got a offer in another company so approached hr to relive me they say you have to serve 2years + 1 month notice period we can\'t relive you before the mentioned period .The joining date of new company i will finish my 2 years leaving 10 days,and i will not be able to serve notice period if i leave with out notice period they can take any legal action against me ? as my hr said we raise fir on you it is very much annoying me in present company pay is less, i have not became permanent i got very good offer please help me how can i proceed..?? iam ok to leave 1 month salary also ?

4th July 2013 From India, Hyderabad
Hi Sandeep,

Do not worry. You can go ahead with your new job. But do the following before proceeding

1. Write a clear mail on your resignation to HR with a copy to your Boss and MD if possible. Do not forget to mention that you have completed 2 years and you are also ready to pay notice pay for a month. Wait for a day or two for their reply if they replied unfavorably or if they did not reply to your mail. You just keep that mail copy with you for future reference and proceed with your new plan.

2. Your current employer may say that they will not give relieving order or experience letter or may delay in issuing the same. But they can not say that they will not pay dues to be paid.

3. Try to have a word with your new employer on phone or through e-mail on your joining and see whether they can reconsider your date of joining. If they do not have any issue in your joining after a month, then it will not be a problem for you. if they are very particular about your on time joining, then check whether your new employer is very particular about experience & relieving letter from your current company. If yes, try to let them understand your issue and try convince them in professional way.

4. If your new employer is not comfortable with your late joining and your current employer is not allowing you to relieve immediately then do not worry about anything. Just proceed with your plan as no company can threaten its employee by bonds/Agreement etc. Even if they take a legal call, you will be the winner for sure as you are ready even to pay notice amount for a month.

Keep your new employer informed on this issue so that you will not have any problem in joining in new company.

Regards,

M.Kannan
4th July 2013 From India, Madurai
HI Kannan,
Thanks for your suggestions..
I have written bank po exams and got through in it .Training starts next month,and they mentioned in my invitation letter that who failed to join mentioned date offer will be canceled and security deposit will not be refund,So i should join in mentioned date
No problem if they don't provide me reliving letter,if they provide it will be value added to my growth
but my problem is my hr said if you don't server notice period we proceed legally and will raise case on you .as i am going for bank job if any case filed on me it will be a black mark to my carrier..
As you mentioned i will speak to my managing director today and drop the mail on same so they may reply
5th July 2013 From India, Hyderabad
Hi Sandeep,
Don't worry nothing will happen. They will surly not proceed with legal action and even if they take a legal call, it will not affect you for you sure.
Talk to your MD and Boss on your origination. Proceed with your new job.
Good Luck...!
Regards,
M.Kannan
5th July 2013 From India, Madurai
Sandeep, I am agree with all the points mentioned by M. Kannan. Howerver, I’ll suggest you to have a word with your legal advisor to not to miss any part of this matter. Regards,
5th July 2013 From India, Ahmadabad
Dear Sandeep
Suggest you to keep all the original letters you have received so far on extension of your training periods, as well the original agreement you have entered. Do not given back any document to the present HR without retaining any copies. Pls. ensure to retain, the relevant mails also, so that in future, if any one starts troubling you on your quitting or for any reason thereafter, you can have the proofs of the instances. Best of luck to you at your new place.
Regards
sumathi P
5th July 2013
#Anonymous
When you write to your MD as suggested by Jeshkan, please do not forget to mention that your training was being extended every 6 months but in reality no training was being given. Instead all the work which was being extracted in the guise of training was being commercially traded outside. Hence, since no training has happened, the bond is not valid. Assuming that the bond is valid, the initial period of two years that has been stated has been completed. Any extension done was not with your consent and acceptance. Hence such a contract is void ab initio in the eyes of law.
Since, you desire to separate in a mutually cordial manner, request for relieving in a manner befitting a professional organisation so that you can be a good brand ambassador of the company.
If he is a professional, he will understand your language and release you.
If he does not, then do not bother. Just go and join.
Wish you all the best
Regards
5th July 2013 From Indonesia, Jakarta
Mr. Sandeep,

I have gone through your problem. It shows that you are still in training, so the terms & conditions in the bond the company has mentioned for training period only is applicable for you.

I don't know in bond they have mentioned about the extension of training, if they have not mentioned then their is no value for bond because you have the training extension letters is proof for you

or they have mentioned up to 1 year of training or it may extend you can quit the job by giving 1 month notice period or 1 month salary( if they mentioned in T & C in training period)

Communicate with them through written letter & get reply by written from them what ever they give you reply,

In your resignation letter you mention your join date & your designation and get photo copy of it to take receiving signature by your boss or HR Manager it is enough for your work experience. even if they won't give you experience letter.

You have to show the bond & your training extended letters to your new employer & explain in details don't worry everything will be ok

Regards

Subramanya
5th July 2013 From India, Bangalore
Dear sandeep, You shall forward without any bother about the past rather to your bright future as you already served the said period.
5th July 2013 From India, Secunderabad
Hello sandeep,

I agree with the anonymous recommendation. Your bond is bond and you can not legally violate it but you have to find the loop holes existing in the bond. The bond says a training of 6months period and then your active service for next18months. Right? You have signed this bond and accepted the terms and conditions in it. So it is legally binding upon you. Did the company extended your training without giving any reasons for the extension? I think, yes it extended without quoting any reason or instance of bad performance. Moreover, you have been working in a commercial way and the company was getting commercial values of your work, then it is not a training but actual active working and you have to insist on this point. So try to get some written proof that your company was getting the commercial benefits of your performance and that is all. You mention these two facts in your notice and I am sure your company will not file any claim against you. You can discuss these points on the table in a professional way and may be able to settle the matter amicably and honourably too.

Mahavir Mittal
6th July 2013 From India, New Delhi
Dear Sandeep.
I am also agree with all the points mentioned by M. Kannan. . however what is the current status of your employment , are you still under training or company has given you probation letter. as you have said that , company use to extend your training every after six months. If you are still under training , you can leave the company by giving short notice to them , since it was agreed by both the party that either they will terminate this contract or you can terminate this contract . and you have full choice to leave the company if your training is still continue .
thanks
Deepak Medekar.
6th July 2013 From India, Thana
Dear Sandeep,
First of all Congratulations for being selected as Bank P.O.
No need to bother for legal formalities. However, as suggested, always keep a copy of the correspondence with the existing employer since joining.
Consult an advocate as a preventive measure but you need not to bother since you are ready to sacrifice one month Salary. Do not worry.
Best of Luck.
V T Rama Rao
8th July 2013 From India, Dhanbad
HI Rama Rao & All Thanks a lot for your valuable suggestions Kindly provide me few points or sample resignation letter formats for acceptance which would be much helpful for me.. Thanks in advance
8th July 2013 From India, Hyderabad
Hi Sandeep
I am late in my comments
You have probably resolved your problem.
Without seeing the bond, it's difficult to give a definitive answer.
However, based on what you posted, you have completed 2 years as per your bond
Unless otherwise stated, the period of compulsory work includes notice period.
So your hr contention is not only wrong, but looks like designed for harassment.
Still, an amicable exit is always better as in future someone might do a background check
You do not want a negative feedback then.
But if they don't agree, legally you are still right
13th August 2013 From India, Mumbai
Hi Kannan and other experts,
I am Manu, i am working for IT company in Bangalore. Its more than 2 yr in the same organisation, recently i got offer from very good company but they are asking me to join with in 40 days but in my current company notice period is 90 days.

I put my exit request for 35 days which is 55 days less than my notice period.
I convinced my supervisor, DU lead and Project HR Rep.
they all approved my early release but last approval which was pending from case manager (kind of HR) , has rejected this stating that company policy says you need to serve 90 days.

I tried my level best to convince her but she din't agree for the same.
there is no dependency on me from project end, i explained this as well,

I am ready for notice period buyout, even in my terms of employment clause also states that

"You may at any time terminate your employment by giving the Company ninety (90) calendar days prior written notice. Upon you providing such notice, approval of any request for early release and/or any kind of waiver will be granted at the sole discretion of the Company and will be subject to terms and conditions of the Company, including and not limiting to the recovery in lieu of notice period not served."

So i am not getting how to proceed on this.

Regards,
Manu
29th March 2016 From India, undefined
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