Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Gannahope
Asst.commissioner Of Labour..a.p.
Riteshmaity
Labour Law Advocate
Parulparmar
Hr Professional
+2 Others

#Anonymous

Dear Sir/madam,
i have completly frustrated and seek your suggestion.
i have given my resignation letter to the HR and the HR took Me to our CEO for further process but Our CEO strictly denied to approve my resignation and told to withdraw the same and kept my payment held. now when i gave my withdraw letter from resignation they are forcing me that if you will sign a bond tat you are going to stay for 1 year i will sign withdraw letter.
they are neither approving my resignation nor they are approving my withdraw letter.
kindly guide me!!!!!!!!!!!! PLEASE
13th July 2016 From India, Mumbai
Dear Anjali,

You have not written why your CEO wanted to retain you. What is your designation? How many persons report to you? What is the nature of your industry?

What is happening with you is quite unfortunate. Nevertheless, you have approached this forum too late. When your salary was put on hold then itself you have immediately approached this forum.

There is nothing forced employment in India. Terms and conditions of employment should be acceptable to employee. If these are not acceptable then employee is free to say no. I do not know whether yours is a case of joining competitor, however, courts have given a ruling that no employee can be restrained from joining a competitor. Ref: American Express Bank Limited Vs Ms Priya Puri 2006 LLR 682 (Del HC).

Against this backdrop, I recommend you approaching labour office of your area and explain your problem to the Labour Officer (LO). Generally LOs prefer to communicate in local language. Carry with you evidence of your employment like appointment letter, identity card etc. Overall the LOs help employees over employers. Most of the companies do not muster courage to against what LOs say.

All the best and come back to us when you solve your problem.

Thanks,

Dinesh Divekar


13th July 2016 From India, Bangalore
Resignation is your right and you can resign anytime you wish to provided that you have served the agreed notice period or paid the equivalent amount in lieu of notice period.

If you have submitted your resignation (assuming that you have prove of such submission) then unless the company rejects your resignation in writing for reason like continuance of any domestic enquiry against you, it will be deemed that your resignation has been accepted even if there is no communication in writing.

Do you have any proof of sending the resignation to the company? Like email or a acceptance like stamp.

Did the CEO asked you verbally to withdraw the resignation? Or is there any written communication?

Have you withdrawn the first resignation? Was it in writing? Do you have proof of acceptance of such resignation?

Please note that bond/ agreement to withhold any employee is not valid in India as already pointed out by Mr. Dinesh above. Company can maximum recover the amount of any special training, if any, given to you through this bond and nothing more. So do not worry about it.

Since you have already decided to resign, please send the resignation through registered post/ speed post (provided that you have no documents of the earlier resignation) and also mention that you are ready to serve the notice period or ready to pay the equivalent amount as per the appointment letter as per your convenience.

Communicate carefully and communicate in writing. Also note that your employer cannot withhold your salary irrespective of the resignation issue. You can also ask in writing with proper acknowledgement to clear to outstanding salary.
13th July 2016 From India, Kolkata
Sir
dont MAKE ANY COMMITTMENTS PLZ.. WHILE JOINING IN THIS POST U HAVE NOT SIGNED IN ANY AGREEMENT..SO NO NEED TO GIVE NOW..
AS THERE WAS NO LEGAL BINDOVER TO U TO RESIGN ..
U HAVE EVERY RIGHT TO APPROACH POLICE HELP....TO AVAIL UR CONSTITUTIONAL RIGHT FREEDOM OF WORK ANYWHERE........AS PER UR WISH AS THERE WAS. NO PREVIOUS AGREEMENT..
GO AHEAD..APPROACHING A LAWYER...giving notice time taken .in ur present stage go for police complaint to protect ur constitutional right freedom of work ...go ahead all the best..
The employer had no legal right to stop ur decision..
13th July 2016 From India, Nellore
Dear friend,

Our learned friends Dinesh and Ritesh have tendered invaluable advice on the query from the legal perspective which I endorse totally. However, since you seem to be highly confused due to frustration, I would like to add to their response for the simple reason that nobody can give you better advice than yourself for it is your problem the intricacies of which can not be fully disclosed at times. The situation described in the post reminds me of the proverb - " You can lead the horse to water but you can't make it drink! ". So, have some introspection - why you want to resign? because of any better job? or you don't want any more to be a working woman due to any family problem? or your present work atmosphere is not suitable? AND why your CEO refuses to accept your resignation and wants to retain you with your guarantee for a minimum stay of one year? - Is it because you are a star-performer? or is this the usual practice followed in the organization? Is there any likely practical impediments in executing such a bond? Think about the consequences of your sue-motto exit without an unapproved resignation and is it worth to bear with. Still you are persistent, better approach the CEO once again and try to convince him politely about the need of your exit or the reason for your continuity without any condition.
13th July 2016 From India, Salem
#Anonymous
They are arguing that i have signed a bond of three year but there is no proof of any bond neither any signature of mine. Since they have recruited my from college campus they are telling that they have signed with the company.
and the second thing is that i have my family problem due to which my parent need my support.
they are just postponing my date and till date they have not giving my salary.
i am an engineer over here.
kindly guide me please
13th July 2016 From India, Mumbai
If they are arguing, let them. Without any documents/ signature nothing is valid. Even your college cannot enter into a bond in your favour. May be there is a bond/ agreement between your college and employer (related to campus interview/ recruitment) but that has nothing to do with your employment.
I once again say that resignation is deemed to have been accepted, if not denied by the employer for proper reason.
14th July 2016 From India, Kolkata
Hi,
As adviced they cannot forcefully stop you from leaving. You either tender notice pay or serve notice period.
If the bond is signed, a copy of the same should be provided to you and you should have signed on the same. The college cannot sign on your behalf keeping you in dark.
Go ahead and take steps to come out of this situation.
regards
14th July 2016 From India, Bhopal
Dear Anjali,

Contextually a vital information i.e your length of service in the organization as on the date of your resignation has been omitted by you. Anyway, if there is a genuine bond for three years of compulsory service, what is the necessity of a fresh bond for a period of one more year? I don't think any educational institution will execute such a bond on behalf of its student upon her campus recruitment by an employer. Even if done, it will not bind the student/employee. So, the bond issue seems to be a hocus pocus for the sake of threatening you as well as retaining you. Certainly there would be an exit clause of employment on mutual terms in your letter of appointment. If your family circumstance necessitates your immediate resignation, submit a fresh resignation setting forth what all happened consequent on your earlier one and buy out the notice period, if mentioned in your appointment orders. ( Prior to that ensure whether your original educational certificates are still with the employer ). Since you are an Engineer by qualification and likely to pursue a career out of employment, avoid confrontation and approach the issue tactfully in view of your future employment. So far as employers are concerned, they like only brilliant employees and not intelligent ones!
14th July 2016 From India, Salem
dear anon friend
is your price one month salary only. why are you underestimating yourself
cool go home and forget you joined them. let the employer and CEO go to court and take you to task. no bond is valid and no company can give it on your behalf
just give a letter on 30 th day you gave your resignation and go home and relax.
btw as per you your family needs you now is much more worth than one month salary.
2. i hope none of your original degrees and documents are with them .??
blessings
dr ram
14th July 2016 From India, Indore
no bond is valid in India. Pl. see the attachment
16th July 2016 From India, Salem

Attached Files
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File Type: pdf Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf (141.9 KB, 106 views)

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