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Akshay Joshi
Dear All,
I am facing a problem with my previous company. I had submitted resignation in my previous company on 30/3/2022. Although the notice period was of 2 months, but on request company relieved me on 5/4/2022 after completing proper handover and no dues process. I worked more than 12 years in that company.

Previously during increment process in July 2021, company issued increment letter mentioning revised salary and a separate line on service bond mentioned as “as agreed you will be signing a 3 years bond from July 2021 to June 2024” (no other document signed but only the increment letter on which service bond line mentioned)

After my resignation I have also received resignation acceptance letter from the company mentioning acceptance of resignation and date of my relieving i.e. 5/4/2022. (It is mentioned on resignation acceptance letter that any amount equivalent to short notice period shall be adjusted against the balance PL and from the dues payable)

I have 150+ PL balance. I communicated with the concern HR for full and final amount but he asked me to submit Rs. 1 lakh as recovery against service bond.

All experts are requested to guide me on how to get my full and final amount.
Anticipating thanks.
Akshay Joshi

From India, Phaltan

Mere mentioning in the salary increase letter that you have to sign a 3 year bond with the company, and in the event of your not executing such bonds, you will not be held liable for paying damages, legally. Signing and returning the copy of salary increase letter is only a token of acknowledgement of receipt of letter/communication.

Hence you may send a letter requesting for your final settlement dues to the Chief executive of the company with a copy to HR, and wait for a reasonable period. If no reply will be received by you, you may take the help of a lawyer (expert in Labour Laws) and send a lawyer notice to the company.
and then proceed legally.

From India, Aizawl

If you have been working in the supervisory/ managerial capacity, then fight with the company in your independent capacity or compromise with the company. On the other hand, if you had no supervisory role, then directly approach the Labour Officer and ask him to interfere. You will get the PL encashment to the extent it is allowed as per the Standing Orders of the establishment or under the Act. The latter will be limited to 30 days but the former depends upon the clause in the standing orders in this respect. Even if the company did not have a Standing Order, you should be getting it provided you had some settlement or communication that PL shall be accumulated for such a large number of days, say, 150 days.

When an employee who had worked for 12 years leave, a genuine company will never hold his settlement on flimsy grounds. The communication regarding Bond and that also making applicable to an existing employee having crossed 12 years of service is anyway very bad in law as well as business ethics. This should be escalated to the business forums as well. It is okay if you want to retain personnel, you can have such clauses and that should be applicable only to those who join afresh and not to persons with 10 years or 15 years of service within the company.

From India, Kannur
Akshay Joshi
Thank you for your valuable advice. will go accordingly. Regards,
From India, Phaltan
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