Company Not Relieving Me - Threatening Me Of Software Theft - CiteHR
Suhaskhambe
Executive Human Resource At Emcure Pharmaceuticals
Raghunath_bv
General Manager-hr & Admin
SPKR
Consultant In Education, Real Estate, Home
Cite Contribution
Community Manager
+1 Other

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Hi I am working in company X.

I am in 3 year commitment. They collected few of my original certificates for security. But due to my situation I need to relieve in one year without serving notice

period. I am ready to payout, but the employer is not ready to accept it. Also the HR threatened me that they will create a fake complaint against me of software theft

if I left. (I have proof for it, I recorded that in my phone.) Due to this I just mailed that the company is not a safe place to work and left it.

Now I left that employer and will be joining the new company soon. I suspect that the employer may create some leagal problem with me. What should I do now to tackle

it ? How to get back my certificates ?

The following is the agreement.

1) You agree that you cannnot terminate your employment with X within 3 years from your doj. In unforeseen circumstances - which are deemed as such by company - if you

happen to resign from your job, you need to give at least three months notice in writing and you agree to pay replacement cost and training cost to the company.

2) After completion of three years if you happen to resign from your job, you need to give 3 months notice in writing.

3) Irrespective of your years of experience with X, if you are working under CUSTOMER PROJECT. You cannot for whatever reason terminate your employment withour

completing your active task schedule and without proper transitioning of your work.

Also in the agreement they mentioned that I will be in probation for 6 months. But I was not given any confirmation letter. Also they didn't conduct any appraisal

process after completing one year (as mentioned in the agreement).

Some strongs things in my side are

- Proof of HR threatening me

- No confirmation letter

- No Appraisal process
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Please speak to a lawyer at your earliest with the proof you have .
You need to draft a letter , which will legally address the threats that you are facing. Mention the certificates and credentials that they are holding back. Please discuss with your lawyer on the consequences .
If someone is holding your certificates and is refusing to return them or returns them damaged , you can lodge a complaint in the police station.
Confirmation letter or the Appraisal isn't your challenge but the documents and release is.
Stay focussed and act lawfully , as per your lawyer's guidance .
Wish you all the best!
Hi Sundu,
(Cite Contribution) Suggestion is right and is under legal consideration too. Need to follow her advice for better & safe receiving you documents.
You can consult to expert legal practitioner and ask to send legal notice regarding the matter concern.
For future, think twice before signing any documents (Bond) like this and submitting you original certificates.
Thanks
Vikas
do you have any proof that employer has your documents with him?
If no then create the same by email communication. send them email and ask for certificates. if they deny by written mail to return the certificates then it will be proof that they are holding your certificates and not giving back.
always create proof for every communication. do communication preferably by email or registered post.
Approach lawyer as said by Nambomita ji. to get legal advise.
Yes Suhas, I have a receipt of the certificates received from them, signed by the management. No problem in that.
To others: Right now, I am in different city and can't consult any lawyers. Also, as I dont need any certificates for about an year, I am thinking of leaving it with them for some months and get it back later (I cant go back to my native often for this case). Still they didn't mail me anything like 'You can pay this much and get back your certificates', which they usually do. After receiving such mail, I will proceed with further action.
Thanks all for your suggestions. Still further comments are welcome. I would like to know more about this case.
Hi Sundu,

You should understand certain things:

The agreement stipulates three service period and after the completion you need to give 3 months notice, but you have left the company in a years time. It clear that you have signed the agreement accepting the company's terms and conditions in the first place or else you wouldn't have got this job.

You have given you Original certificate to your employer for getting a job, in the first place you should have refused to part with your originals and only photo (xerox) copies of educational will be given which is legally acceptable for both the parties.

Now that you have given your original certificates to the said employer, you need to communicate to the Company;s Management through a Mediator., preferably an Advocate and this called third party negotiation between you and your employer, reach an amicable settlement and finish the deal will be the best way to do things in a right perspective.

However, you can lodge lodge a police complaint and an FIR made against the HR for threatening you and he will be placed before the magistrate, since you have got the proof , the chances of winning the case is very much there.

Try to analyze logically before coming to any sort of conclusion.
Hi Friends,

I hope the suggestion given is correct if the employee left from the company by proper way. But I really wonder how people are suggesting to a person who has broken the rules and regulation of company. I have some question for Sundu

1. Do you know this bond before joining with the company?

2. Did you complete your 3 years commitment?

3. Did you service your 3 months notice period with 3 months replacement as mentioned in the agreement?

4. Do you have valid reason for your releiving

5. Do you have valid reason to go for legal action?

If your answer is "YES" for all these question then you can go with legal formalities. But if your answer is "NO" then please dont expect justice for your mistakes. If a person who is working under you break all these rules and recorded your talk and use it against you as a proof will you accept this??? Then where is a trust???...

Sorry to say this your post itself it is very clear that you have not gone according to the company rules and you have collected all evidence before leaving company. If i am wrong please go with legal action.
Friends Mr. Sundu is in a desperate state. The possible remedy is through Legal path as suggested by NOBOMITA 1979. Mr.Sundu, please consult a local lawyer immediately and sort out your problems.
To anonymous,
I am in a democratic country, I had right to work or not work. Ofcourse I gave commitment to them. But due to some personal reasons I have to move to other city. I was also ready to serve notice. If they were professional they should explain about their loss and ask me to pay it. But those people threatened me like that and did give me a chance to serve my notice. For about a week I had a mind set that I should not work in an IT company. I had a lot of talk with them, but they didnt gave me any alternatives. Mistake is with them. If threatening an employee of software theft is 'OK', then it is ok for me to record it, for my own safety.
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