Rkn61
Hr Manager
Adv. Manoj Liyonzon
Lawyer, Chennai
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Nashbramhall
Learning & Teaching Fellow (retired)
+1 Other

Thread Started by #astronought

hi i am an engineer working with an MNC since 2 years , i had a bond of 9 mths with the company as I underwent a training , which is about to end in july 2014

i have got an opportunity elsewhere and have put down my papers on the medical grounds.(have resigned a few days back)

however somehow my manager has got to know that I have got an opportunity and they are not reliving me .

they are asking me to complete the 9 months period and then leave which is in next july.

however the bond signed has got a clause that the employee if found terminating the bond will be liable to the amount mentioned in the payment schedule .

the payment schedule is the prorata basis which counts to be something around 70 k

i am fine with it .however the manager is not reliving me .

after 2 days of my resignation , the HR called saying that “are you aware that u are breaking the bond and that you will have to bear the compensation” ..i said yes and i agreed to it .

when i reached the office , i went to the HR to submit my medical cert issued by doc as asked by my manger .

however the HR said , my manager and he will talk to me in some time ..

it was EOD and still no one approached..

can anyone please suggest me how to proceed with this .

will i get a clean exit on the medical terms?

does the management have rights to hold me back when i am proving that my health is in a bad state ?

will my exp letter have any negative remark? (my performance in the company has been above average throughout and had no issue with anybody )
13th April 2014 From India
I saw the headline yesterday and thought someone will respond. It takes time.
I am rather surprised at the request you are making. In India, it's not difficult to get BOGUS certificates of any kind, including medical. Your post clearly indicates that the medical grounds is only a pretext to resign. Please let us know whether you would have resigned had you not got another opportunity.
Also, kindly click on the links in the sidebar at the right about Breaking Bond, which has been covered in the past.
14th April 2014 From United Kingdom
#Anonymous
Hi Nash,
thank you for responding . I would like to clarify that i have recently got an opportunity in xyz company and have already resigned last week . i m currently serving the notice period of 1 month .. however i am leaving on the medical grounds because i am undergoing a treatment which is not fake at all .
i thought of leaving the job on medical grounds because i have signed a bond for nine months and not letting my manager know that i am switching the job.
but as i have mentioned in the above post that my manager somehow got to know this and they are not reliving me ..
i would appreciate if anyone could answer my quires posted above.
Thanks in advance.....
14th April 2014 From India
Since you have decided to leave the company for better opportunities, and you are
ready to pay the Bond money, I do not think any othere hurdles may crop up.
After depositing the Bond money, please ask your manager (or to HR through your
manager) to accord you a clean Exit.
Thanks
R K Nair
14th April 2014 From India, Aizawl
Often I found that some members who are posting threads
are not revealing their names? Why it is so?
Some are posting their names like Anonymous, Astronoughts, XYZ etc.
See, there is no harm in revealing your names. When you are asking some
expert advice to your problems, what is the harm in mentioning your names.
This will have a good comfort to people who are responding your querry.
Otherwise, they will feel that they are giving advices to some "deadwood"
or deaf/dump person.
Moderators/Super moderators are requested to strictly object to those
persons who do not reveal their identity.
Thanks
R K Nair
14th April 2014 From India, Aizawl
Hello Mr. Nair,
I appreciate your response sir.
At this point of time I m In a critical situation and little scared .
Hence i did not mention my name considering the fact that my companies HR might b a member of this community ..
So as per ur experience , I should get a clean exit after paying the amount .
My question is ,
1) what if the manager mention any negative remark on the reliving or exp letter , can I take legal actions against them.
My records are all clear and as I hv said already that my performance was good throughout.
2) does the manager hv rights to do anything of such sort which would spoil my carrier .
3)how do I put in words and convey this to the HR That I need a clean exit.
14th April 2014 From India
is anybody there ? i know i am sounding little impatient but please understand my situation and request you to help as soon as possible.
14th April 2014 From India
You have blotted your own career, to put it bluntly, by telling a lie. There is a saying, "He who lies lies to hide it and makes it two." How do you expect a clean it, when the reason for quitting is moving on to a new job and not the health issue. You have not answered my question about whether you would have quit on medical grounds without the offer of a other job.
If I were your manager, I would write in the exit letter some what like this. "We wish xxx all the best in his/her new job, even though he did not inform us about the other offer and request us to relieve him without completing the bond period on medical grounds. We did not go to the extent of insisting the worker to be examined by an independent doctor."
I am sorry if I have not been of much help. I have written this to warn others, in similar situation to yours, not to follow your path.
14th April 2014 From United Kingdom
Thanks for the private message. There is thin line between hiding the truth and telling a lie. Politicians are known for both. When we hide the truth, we should be prepared for the consequences. I am from a generation when having a sound sleep at night was important. When we hide the truth and are caught, we lose sleep and start worrying,
Wish you all the best.
15th April 2014 From United Kingdom
Hello Astronought,

YOU AREN'T GOING TO LIKE THIS--neverthless, hope you realize that this is for YOUR benefit & not anyone else's.

Like Simhan mentioned, YOU brought this upon yourself.

So don't fret & blame anyone else--EXCEPT YOURSELF.

Didn't you know about this Bond when you began looking for new opportunities?

Pl note that there's nothing wrong per-se in such a step. It all depends on the Timing & HOW you go about doing it.

Or did you think that you could get away with it?

And coming to think of it, you have only a couple of months to go to complete the Bond--July 2014. What was the tearing hurry?

There's another aspect that you didn't mention--but I have a FEELING that your Training did contribute to some extent at least in your getting this new job.

Pl correct me if wrong. If this is true, then don't you think that you USED the training opportunity given to you by the present Company? I am not sure you either know or realize how it feels when you get to know that someone USED you for their selfish motives. And when your present Company decides to take action that is in THEIR interest, you find fault & quote the Rules? Going by the very same Rules, you weren't expected to resign in the First place. Excellent moralistic, ethical & professional attitude I should say....NO pun intended pl

And to top it, you faked a medical reason to resign. Frankly, IF I were the Company's HR, I would take this into a criminal direction [guess you know what that means]--where you, the Doctor who gave you the fake Certificate can both be hauled-up to....you know where. Forget about the Doctor, hope you know how YOUR career could take a hit, given the strong Background Verification processes in vogue now-a-days.

Another angle, pl note that the Company is on a strong wicket legally--since the Bond is related to Specialized Training. You can go thru the many earlier threads in this Forum--you will know what I mean.

Coming to the option you have: Just let go of this opportunity, withdraw the Resignation & continue your services with this Company.

However, given the scenario of your own creation, I DON'T THINK you can continue for a long time in this Company without hurting your future Promotions or Hikes. So once the Bond gets over, pl lookout for new openings & move.

And one last point: suggest LEARN from this mistake.......then it no more remains a 'mistake'. It becomes a part of your EXPERIENCE.

Nothing in this response was intended to 'hurt'--it was to bring you back on to the right track of professional ethics & practice.

All the Best.

Rgds,

TS
15th April 2014 From India, Hyderabad
Astronaught
-At any pointof time in between the contract period, you reserve rights to terminate the contract agreement even without any reasons
-1ce your resign, the contract gets terminated & your exit formalities has to be followed.
-if co., fails to react appoint a lawyer & exit the co.,
Its damn easy with help of a lawyer. Not so difficult.
15th April 2014 From India, Chennai
Advocate is right; you can take legal action. However, beware; even the lawyer cannot prevent your employer giving you a true exit certificate on the lines I have mentioned.
15th April 2014 From United Kingdom
Hi,
Would advice that you come clean and say that you found a better opportunity. Given that you are ready to pay the penalty, the team should give you a normal relieving letter.
If you continue to stick to your 'medical' reason, the company may give you a normal relieving but can mess up your background check.
Regards,
Ayush Pal
23rd April 2014 From India, Delhi
I strongly second Ayush Pal, considering your medical certificate assume that the company gives you a relieving letter with a clean chit stating relieved on medical ground, but if your new employer ask for your relieving letter or a BGV, you will be in a fix, so it is advisable to state the exact reason for leaving the job, if the company is good enough they will relieve you as per the termination/penalty clause. Wish you all the best.
23rd April 2014 From India, Ahmadabad
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