I worked as a Software Engineer in an IT company. I was already an experienced employee before joining the company and received no training. This company had me sign two documents: an offer letter and a verification form. In the offer letter, it's written that the obligation to be in the company is 12 months, and in the verification form, it's stated that 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 the 3-month notice period. However, the company is stating that my resignation is not accepted, and I have to fulfill 18 months there. I informed the company that I would not attend after the notice period, and I followed through. Now, the company is threatening to sue me. They have withheld my 3 months' salary and have not provided an experience letter. What should I do?
From India, Delhi
I resigned from the company after 12 months and served the 3-month notice period. However, the company is stating that my resignation is not accepted, and I have to fulfill 18 months there. I informed the company that I would not attend after the notice period, and I followed through. Now, the company is threatening to sue me. They have withheld my 3 months' salary and have not provided an experience letter. What should I do?
From India, Delhi
According to the documents you have been 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 I don't know where that came from.
Intent to work is not a promise but a compulsion. 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 labor officer will help as you are probably not under the definition of a worker. Furthermore, you will need to refer to them for BVG in the future, so coming to an amicable settlement is always better.
From India, Mumbai
Intent to work is not a promise but a compulsion. 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 labor officer will help as you are probably not under the definition of a worker. Furthermore, you will need to refer to them for BVG in the future, so coming to an amicable settlement is always better.
From India, Mumbai
Thanks for your response. The statement regarding an 18-month duration is mentioned on the last page of the verification form. I have already tried to settle things within the company on a positive note, but the company's response has been threatening, to say the least. I am planning to take the legal route. I understand the consequences, including time and money, but I would rather fight than let this company extort me. I just want to make sure that I didn't do anything wrong.
From India, Delhi
From India, Delhi
CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.