Service Certificate Content - "committed a breach of undertaking" - CiteHR
Umakanthan53
Labour Law & Hr Consultant
User98
Management
+1 Other

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Hi all, I worked for an Indian MNC in Europe, before being deputed onsite I had signed a bond of indemnity (to stay with company for 2 years). I got a better opportunity here and resigned from the company which sent me onsite (in 6months) - so I paid around 1.5 lakhs to clear all the dues(bond amount).
Currently my service certificate has a line- "he committed a breach of undertaking but has however paid the damages mentioned in the undertaking". Other than this the certificate is fine with the designation and dates.
My query - will that breach of undertaking create a negative impact for future references or a background verification check if I do a job search back in India ?
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Issue of service certificate by the employer is a must on the termination of an employee covered by the provisions of the Standing Orders applicable to the industrial establishment. Even in other cases too, It is just a certificate given by the employer on the exit of any employee about his employment under him such as the period of service, the designation held by him with or without the mention of meritorious service, if any rendered by him during his tenure. Of course it is the discretion of the employer to mention the type of termination such as resignation, retirement, discharge, retrenchment, dismissal etc. But in case of a normal resignation accepted and acted upon by the employer as per the contract of employment, he is not expected to mince words as mentioned in the poster's case. It only reveals the cynical attitude of the particular employer or a deplorable and bad HR practice.
How ever, the impact of such a negative aspect in the service certificate entirely depends on the attitude of any prospective employer. Some employers may take a negative note of it; some others may get convinced after a thorough explanation - it depends.
When the contract of employment was clear about a minimum period of service after appointment or a specified amount of indemnity in lieu thereof in the event of exit by the employee before the minimum period so fixed and the employee having been permitted by the employer to resign after paying the indemnity amount as per the bond, where is the question of breach?
Therefore, my suggestion would be to request the previous employer officially to modify the service certificate accordingly and keep the entire correspondence on record.
It depends on employer. One may say 'fine he paid for early relieving because he got better prospects.' Other may say 'he may do the same with us, run off without serving notice period.'
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