I am an employee of a consulting firm on a C2H role. In mid-2021, I had entered into a commitment with my HR who hiked my salary and asked me to commit myself to the company for a year. Post completion of this period, I can give my notice to resign. During a call, I clearly mentioned that I would accept the offer on the condition of receiving a tech-based role in new domains. My HR agreed, and in an email, I reiterated the same, which was acknowledged by both HR and the HR head.
After a few months, I contacted them to align me with the change I had requested but received a vague response that they would work on it. In January 2022, lacking any hope of getting the change, I resigned. Subsequently, HR informed me that my resignation holds no value and is considered "null and void" for the company. They insisted I should complete my remaining time with the company. However, since HR has not fulfilled the change I requested, they now threaten to provide negative feedback on my BGV. I have not signed any commitment on paper, only accepted it via email. The organization breached the commitment by failing to provide the change requested, yet HR accuses me of breaching the commitment.
I seek assistance in finding a resolution to this issue.
From India, Delhi
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After a few months, I contacted them to align me with the change I had requested but received a vague response that they would work on it. In January 2022, lacking any hope of getting the change, I resigned. Subsequently, HR informed me that my resignation holds no value and is considered "null and void" for the company. They insisted I should complete my remaining time with the company. However, since HR has not fulfilled the change I requested, they now threaten to provide negative feedback on my BGV. I have not signed any commitment on paper, only accepted it via email. The organization breached the commitment by failing to provide the change requested, yet HR accuses me of breaching the commitment.
I seek assistance in finding a resolution to this issue.
From India, Delhi
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First, there is no legal validity of a commitment to work for a year (or any period), and the restraint imposed is not valid. It would be valid if you were given specific training by external faculty that was paid for as a cost to the company (not on-the-job training by seniors). The commitment from the company, however, is legally valid and enforceable. You can't force them to keep you, but you can force them to pay you the differential salary.
On the second point, a communication in mail has the same validity as being on paper. So the agreement would be valid if it was not an invalid restraint (as explained above). The failure of the company to give you the promised role further makes the agreement invalid and more useless in law.
On the third point - BVG is always up to the employer. In India, you have very little protection against negative BVG comments. The only way is if you know, have proof, and you go to court, then you can win damages, but it is far-stretched in terms of efforts and cost.
There is no solution to your problem. You need to negotiate or perhaps go to the management and explain what happened and why you are leaving and communicate the HR's threat as being illegal and could land them in a problem.
From India, Mumbai
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2629On the second point, a communication in mail has the same validity as being on paper. So the agreement would be valid if it was not an invalid restraint (as explained above). The failure of the company to give you the promised role further makes the agreement invalid and more useless in law.
On the third point - BVG is always up to the employer. In India, you have very little protection against negative BVG comments. The only way is if you know, have proof, and you go to court, then you can win damages, but it is far-stretched in terms of efforts and cost.
There is no solution to your problem. You need to negotiate or perhaps go to the management and explain what happened and why you are leaving and communicate the HR's threat as being illegal and could land them in a problem.
From India, Mumbai
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Please remember that fighting in the courts is a waste of time. Even if you win the case over a decade, the purpose will not be served.
My suggestion is to go ahead with your decision to join a prospective employer. The most your current employer can do is refuse to provide a service certificate. As long as you have your pay slip, you may show it to your prospective employer and request them to verify your PF contributions in the previous company as proof of your service.
Please explain to the future employer the reasons for not being able to submit the service certificate. This helps you in two ways:
1. It speaks to your honesty and integrity.
2. It shows your interest in the prospective employer.
All the best
From India, Hyderabad
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My suggestion is to go ahead with your decision to join a prospective employer. The most your current employer can do is refuse to provide a service certificate. As long as you have your pay slip, you may show it to your prospective employer and request them to verify your PF contributions in the previous company as proof of your service.
Please explain to the future employer the reasons for not being able to submit the service certificate. This helps you in two ways:
1. It speaks to your honesty and integrity.
2. It shows your interest in the prospective employer.
All the best
From India, Hyderabad
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Resignation cum relieving letter.doc