Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional

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i was working with an IT mnc from 11th june 2018 after i graduated engineering this year. i was posted in mumbai and i am from odisha.on 8th aug 2018 i got to know that my father was in an accident so i booked the next flight home and let the manager and hr know about it through mail. after witnessing the situation back home i decided to resign as my father's situation was not looking promising.i applied for resignation on the mnc portal and a written mail to my manager and hr as well . However i had to pay 72k bond amount in order to get reliving from my employer. citing my inability to pay huge amount as my father was under treatment and a huge amount of money was being spent on medication and other medical requirements, i mailed the necessary medical documents, bills and certificate signed by doctor that indeed my father is bed ridden to my manager and hr.
I am being threatend to mark as an absconder if i dont pay the bond amount and will not get any reliving letter.i have worked in the organization for 60 days, post which i applied for resignation. And in Mumbai also I was not given any work as my manager said some background verification was going on.please tell me what should I do ? Will this incident ruin my future if I am marked as absconder after doing post graduation as I have no interest in doing IT job.I am feeling very low at this point as I have no one to guide or no mental or financial support. I am on the verge of losing everything I have. Please someone help me ..please
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What were the terms and conditions of employment?
What is this bond period?
Was there any specialised training given to you/
How long is the bond period?
Where you on probation?
What was the notice period?
Any way be cool and calm and take legal help and not to be perturbed by threats to make you absconder.
They may not be on firm legal basis and are bluffing to some extent.
I was on probation period for 12 months. The joining letter said that if I am leaving the company before 3 months I would have to pay 72k. we were given no specialised training , just some generic training. As the situation at my home is not in a good shape I had informed the HR that I can't serve notice period but usually the notice period for probationary is 30 days. It's been more than 30 days since I have applied for resignation. And I had not started working on the project . I was assigned to the project but i was not given any work.
In my opinion with limited facts the claim for 72 K is irregular.
What was the exit period if company wanted to remove you?
My dear young friend,
There is a quote : " The ways of God are always mysterious to mortal man but one can be happy even after many years as long as there is hope ". Therefore the need of the hour is that you should not lose your hope in a bright future. In any such critical situations beyond your control, you should not simply allow yourself hijacked by despair and dejection. Rather, you should hope against hope that Nature has bestowed you with the necessary resilience to get back your equanimity of mind and decide appropriately in such situations in life.
I can understand that paid-employment is your career option as of now. But reading in between the lines of your post, I am left with an irresistible impression that you started a dislike towards your present job/organization from day one. Work-life is different from student life in regard to priorities and practices. The phase of student life is that of a cradle to a baby. You know well that one can not be a baby forever and remain in a cradle. Whether you are a fresher just from college or an employee with considerable experience, you are bound by the rules of employment. Flouting the rules of exit will certainly affect your future employment. However, coupled with the unfortunate accident to your father compelling your presence at home, your dislike culminated in the decision to quit the job. I would be happy that if I were wrong. Of course, filial devotion demands a son not to be indifferent towards a father when he is critically bed-ridden. Since you are a new entrant, you could have applied for a long leave in stead of resignation.
Therefore, my suggestion to you would be formal withdrawal of your resignation and applying for a leave on loss of pay for about two or three months. Better send them both by registered post to your employer.
Hello Umakanthan,
With due respect I would like to tell you that I never disliked my organization. It is one of the reputed it company. I was one of the few candidates who cleared the training phase with flying colour in the first attempt itself. I was given posting at the location I desired. I could not have asked for more . However as the situation went South and I had to stay back I learned a lot of things about my family dispute I did not know. There was no body at my father's side apart from my mother and my sister. He is a simple person , someone who never harmed any body or did unjust to anybody. It was not a rash decision that I took. I realised it's wise to earn a modest amount of money for a livelihood and spend time with the ones I really care about. I could never forgive myself if anything had happened to him.
Thank you for your valuable advise.
Mr Umakanthan,
Your post is full of wisdom.
Apply for leave w/o pay is a good idea.But the young man did not have the benefit of sage advice and also in the worry of his parents problems was not in frame of mind to do such things.
The company should have been more humane in their actions,instead of threatening him with Rs72000 bond money, which they are not legally in a position to enforce or at least could be challenged in court of law.
Sir ,
I have a simple question. If I pursue pgdm(post graduation diploma in management) next year, and if I don't mention this 60 days in my resume and don't tell my future employer (not an it company ) about it , will I face any consequences?
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