Shubham28031996
I worked as Software Engineer in IT company. I was already an experienced employee before joining the company and received no training. This company had got me signed 2 documents - an offer letter and a verification form. In offer letter, itís written that obligation to be in the company is 12 months and in the verification form, itís written I intend to be in the company for at least 18 months. The service notice is mentioned as 3 months.

I resigned from the company after 12 months and served 3 months notice period. But the company is saying my resignation is not accepted and I have to fulfil 18 months there. I told the company that I will not attend the company after the notice period and I did so. Now the company is threatening to sue me. They have held my 3 months salary and didnít provide an experience letter. What should I do?

From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Shubham28031996
Software Engineer

Use factoHR and automate your HR processes

Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth.



Shubham28031996
These are two documents which I signed.
From India, Delhi

Attached Files (Download Requires Membership)
File Type: pdf verification form.pdf (1.64 MB, 23 views)
File Type: pdf Offer Letter - Shubham Singh6.pdf (1.08 MB, 27 views)

saswatabanerjee
2320

According to the documents you have given you are required to work for a period of 12 months or pay the training cost of ₹ 1 Lakh. I didn't see the 18 month period in the second document, so don't know where that came in.

Intent to work is not a promise of a compulsion and the period specified in the offer letter stands.
That said, I don't know what you can actually do.
Taking a legal route is very expensive and time consuming. I don't think the labour officer will help as you are probably not under the definition of worker. Further, you will need to refer to them for BVG in future, so coming to an amicable settlement is always better

From India, Mumbai
Shubham28031996
Thanks for your response. The statement regarding 18 months duration is mentioned in last page of the verification form.

I already tried settling things in company on a positive note but the company's responsive has been threatening to say the least.

I am planning to take legal route, I understand the consequences including time and money, but I will rather fight than letting this company extorting me.

I just want to make sure that I didn't do something wrong.

From India, Delhi

Attached Images (Download Requires Membership)
File Type: png verification_form.png (372.9 KB, 3 views)

saswatabanerjee
2320

You need to speak to a lawyer, but from my point of view, such declaration has practically no value or enforceability in law.
From India, Mumbai

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.







About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2022 CiteHRģ

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server