Anonymous
I'm an employee of a consulting firm on a C2H role, in mid 2021, I had entered the commitment from my HR who hiked my salary and asked me to commit myself to company for a year post completion of this period i can give my notice to resign, to which on call I clearly mentioned that i'll accept the offer on the basis of getting a tech based role in company in new domains. My hr agreed and on mail I wrote the same and HR and HR head agreed, after few months I called them to align me on the change I requested but got vague response that we'll work on it. In Jan 2022, I resigned as there was no hope of getting a change and then Hr says my resignation holds no value and is "null and void" for the company and I should complete my remaining time in the company, but since my Hr hasn't given me the change I requested. HR goes to say that the company will not proceed with my exit formalities and HR said that as consequence they will give negative feedback on my BGV. I have not signed any commitment on paper, only accepted it on mail. The organization breached the commitment by not giving the change, HR says that I'm breaching the commitment, can anyone help me with the solution to this issue of mine?
From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management

saswatabanerjee
2357

First, there is no legal validity of a commitment to work for a year (or any period) and the restrain imposed is not valid. It would be valid if you were given a specific training by external faculty that was paid for as a cost to the company (not on job training by seniors). The commitment from he 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 paid, a communication in mail has the same validity as being on a paper. So the agreement would be valid, if it as not an invalid restrain (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 to management and explain what happened and why you are leaving and communicate the HR's threat as being illegal and could land them in problem.

From India, Mumbai
yessirvijaya@gmail.com
6

Pl remember that fight in the Courts, is a waste of time, even you win the case over a period of decade, purpose will not be served.

My suggestion is go ahead with your decision to join prospective employer. The max current employer can do is, refused to give service certificate. As long as your pay slip is there, may show it to your prospective employer and request him to see your PF contributions in the previous company as a proof of your service.

Pl explain to the future employer, the reasons for not able to submit service certificate. It helps you in to two ways.
1. It talks about your honesty and integrity.
2. Your interest in the prospective employer.

All the best

From India, Hyderabad

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