Follow this like of Cite HR...This might be of some help.
There is loads of information on this subject on citehr. Hope you searched through the research tab.
Anyways, please note it is illegal for any organisation to take the original documents from the employee and you are certainly in a strong position to fight it out to get your originals back. You can file a police compliant also in case your company refuses to return your original documents. Meanwhile hope you have some acknowledgement or proof that you had submitted your original documents to the company.
Thank you for the reference link. It was helpful. He is at an advantage as the bond never stated about the compensation in case of breaking bond or about retaining original certficates. But I have signed this bond (which isn't in a stamp paper) which states that company will retain the certificates for 24 months!
Oops, sorry if this is in wrong segment. I posted here because I saw few discussions and even link provided by Arti Shah was in "Labor & Employee Relations" segment. May I know which is the right segment for this discussion?
Thank you for your opinion Gia!
Yes, I'm searching for similar discussions in citeHR. I have the photocopy of bond and also photocopy of acknowledgement of all certificates I submitted to them.
So, now I think with these proofs I can get my certificates.
I also worry about black listing of me, and about obtaining PF amount which are asked in Questions 2,3 & 4.
Only after I get job in another company and with all your suggestions and ideas, I'll take the step of quitting the job, asking my certificates and PF amount from the company. [I'm a bit cautious nowadays :) ]
I think, if polite request doesn't work, as the last resort I'll act as a worst employee so that I'll naturally get terminated.
If the PF is deducted (appears on your payslip too) and the company has still not deposited into your PF account then it is a non-compliance issue on the company part also. They get audited for this as well and they will not be able to simply get away deducting your PF and not depositing it. Since you mentioned it is a well known organisation I am sure they are taking care of meeting all the statutory compliances.
Coming to your query, regarding getting the PF amount after quitting well you will have option either to transfer the PF to your new company or withdraw it. The process time varies while withdrawing or transfering and the company doesnt have much control on it offcourse provided the company completes all their set of formalities.
Hope the above info is useful.
1.) first regarding your employment, sorry you have to come down on the salary part it may be for any reasons but its your choice that you went for that opportunity with bond and salary which ever they offered. so you have to play it cool to get it out of this mess its quite natural to make a bad career choice but eventually we will learn to rectify it.
2.) As for a company to ask for a bond may be a common practice but getting the original documents and retaining it with them for a prolonged duration as in your case 24 months is strictly illegal and is not acceptable by Indian law. any company can ask for the original documents and keep it with them only for a limited period of time and that to only for verification purpose and not to trap the employee form leaving the company
As for the bond in India even if you sign a bond with your employer in stamp paper regarding the employment its not valid and there are many artical are there here plz search them and get more ideas
3.) As for your pf settlement companies may follow different process of handling them but holding it back with them and not filling it is again illegal
4.) As you have said that the company have not invested in you in any form, which means you are not liable to your company in manner so there will not be any settlements required but incase if the company claims that they have invested make sure you get the right documents and counter measures for the same if incase if its a lie to retain you.
1.) its not quite right to get terminated from a company which will affect your further employment with any sort of company for that matter, even if you explain them y you have to do wat you did with your previous employer, it would raise a big question in their minds that if you become unhappy in the work you will do the same to them . so don't try it at any point in time :)
2.) As far as your documents are concerned i would say for time being your company is a good locker to keep your documents and as when you require you just go and ask them and they should and have to give it back to you or else simple just let them know that you would go for legal activities that should do and even if they persist plz send them a notice through a lawyer or file a case in police station, but filing a case in police station will not have that much effect as compared to filing a case with labor court, by which not only you will get your documents and your current company will get a life time lesson from court for involving in such illegal activities
3.) regarding your salary its always better to leave the company after salary date so that you get your salary without any problem or else they will tel you that you have not served two years you have to compensate this that and will try to terminate you and hold your salary and will trap you for money to give your documents, yes all these are strictly illegal but what to do thats how few companies work now a days
4.) don't worry once you come clean from all the above said problems and process your company is liable and forced to do your f&f settlement so all the dues from the companies end you will get it.
5.) be patience try to be the nice guy and record and save all the conversation mail and if possible voice, remember always be the nice guy and even if you go for legal battles be Mr.Nice guy don't give them any chance to say that you have misbehaved and they took action against you its all mgt trick and trap to escape.
its all i can say i hope other senior members here will be able to enlighten you more
Yes this is a non-compliance issue. The company is ISO certified, yet somehow indulge in such immoral activities. Other senior colleagues also didn't get PF amount remitted to their account until 2 yrs. They were mum all those years in fear of mgmt. It seems I'm the first guy to ask mgmt about PF.
Till now I'm playing as the nice guy. I'm only stressing HR little bit to get my PF amount. And I'm relieved to know that "blacklisting" is just a word used to scare employees. Googled to find that only NASSCOM does that and even it's acts are questionable. Your suggestions are shrewd and helpful, anonymous. :)
So wise of you guys! You people have increased my hope of getting out of this mess. Thank you very much!