I worked for a company under a 2 year bond with 3 lakhs bond amount in a software development role. After one year one month of working I was transferred to a salesforce support role without my consent, completely against my will. I communicated to the management that I am not interested in that role and I will be looking for other career opportunities outside the company. I was hoping they would understand my sentiment and have me voluntarily resign without the bond but they didnt. Because of the excessive bond amount I was unable to leave. Now when I had signed the bond, there was no elaboration on the job roles and responsibilities, only the job title was mentioned as 'System Analyst/Developer' which I had interepreted to be about software development since the interiviews and everything were about that. It is important to note that I couldn't leave the company on my own voilation because of the restrictive and misleading bond amount
Despite that they made no efforts to understand me and had me work in the new role for 3 months. Now in these three months, they didnt communicate to me in written or verbal about my performance or behavior. But my relationship with them soured and one day the called me to a meeting and had asked me If i am interested in this job to wihch I replied 'no'. Then they told me that it was best for us if we mutually agreed to separate to which I agreed. I had interpreted this as my voluntarily exit with bond waived off. Now after three weeks the release the experience letter where they mention that my employment ended because of Performance and behavioral issues. There was no comments either written or verbal was made to me about my performance or the termination being for cause till the end of my tenure. They didnt give me severance or any notice.
The only thing I don't want is negative remarks on my experience letter. What should be my course of action?
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Despite that they made no efforts to understand me and had me work in the new role for 3 months. Now in these three months, they didnt communicate to me in written or verbal about my performance or behavior. But my relationship with them soured and one day the called me to a meeting and had asked me If i am interested in this job to wihch I replied 'no'. Then they told me that it was best for us if we mutually agreed to separate to which I agreed. I had interpreted this as my voluntarily exit with bond waived off. Now after three weeks the release the experience letter where they mention that my employment ended because of Performance and behavioral issues. There was no comments either written or verbal was made to me about my performance or the termination being for cause till the end of my tenure. They didnt give me severance or any notice.
The only thing I don't want is negative remarks on my experience letter. What should be my course of action?
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It's unfortunate that you're going through this situation. Here are the steps you can take:
1. Consult a Labor Lawyer: Given the complexity of your situation, it's advisable to consult a labor lawyer who can provide you with legal advice based on the labor laws in India.
2. Document Everything: Keep a record of all your communications with the company, including emails, letters, and any verbal conversations if possible. This will serve as evidence if you decide to take legal action.
3. Communicate with the Company: Write a formal letter to your company's HR department explaining your situation and requesting them to remove the negative remarks from your experience letter. Make sure to mention that no feedback was given to you about your performance or behavior during your tenure.
4. Legal Action: If your company refuses to cooperate, you may consider filing a case with the labor court. Your lawyer can guide you through this process.
5. Seek Support from Colleagues: If possible, get testimonies from your colleagues about your performance and behavior at work. This will strengthen your case.
Remember, it's important to act quickly and decisively in such situations. Good luck!
From India, Gurugram
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961. Consult a Labor Lawyer: Given the complexity of your situation, it's advisable to consult a labor lawyer who can provide you with legal advice based on the labor laws in India.
2. Document Everything: Keep a record of all your communications with the company, including emails, letters, and any verbal conversations if possible. This will serve as evidence if you decide to take legal action.
3. Communicate with the Company: Write a formal letter to your company's HR department explaining your situation and requesting them to remove the negative remarks from your experience letter. Make sure to mention that no feedback was given to you about your performance or behavior during your tenure.
4. Legal Action: If your company refuses to cooperate, you may consider filing a case with the labor court. Your lawyer can guide you through this process.
5. Seek Support from Colleagues: If possible, get testimonies from your colleagues about your performance and behavior at work. This will strengthen your case.
Remember, it's important to act quickly and decisively in such situations. Good luck!
From India, Gurugram
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1. Never sign bonds, unless the job is one you desperately want, you know beyond the shadow of a doubt the penalties for breaking it, and that you have funds to repay a bond without any hardship i.e. money that is just sitting around and not needed for daily living and future expenses. After reading CiteHR for many, many years, 99.9% of people do not have the money to repay bonds. DON'T SIGN UP FOR ANYTHING YOU CANNOT AFFORD TO PAY.
2. "...hoping they would understand my sentiment.." HOPE is not a stategy. Never, ever rely on hope for anything. You should have clearly set out your requirements in an email or letter, and requested a reply in writing outlining what they would and would not agree to.
3. When you took the job, you should have requested information about the job and the duties, e.g. a position description outline the duties, a person description outlining the skills and experience needed etc. You should have got those at the recruitment stage. At the very least on your first day you should have met with the HOD and got a clear understanding of your job situation, the duties you were expected to peform, and the criteria on which your performance would be assessed.
4. "... which I had interepreted..." NEVER interpret anything, always ask for clafication and clear, unambiguous information, guidelines etc. CLARIFY everything, and get an agreement in writing.
5. Unjust as it is, management reserve the right to move staff as and when it suits them, and for reasons best known to themselves. Whilst it is a poor way of doing business, they are not obliged to tell your their reasons for any decision they make.
6. When you were called to the meeting, you should have gone prepared with a list of reasons why you felt you were not suited to the job, how it was impacting the company, and some suggestions of ways you and the company could move forward to mutual advantage. You just answered "NO" when questioned. Not a good strategy. Golden rule - management don't want to hear about problems, they want to hear about solutions. You offered nothing.
7. Peformance and behavioural issues can cover a multitude of sins. We weren't in the room with you, so we don't know how you reacted to them. If you were projecting an attitude of, shall we say, dumb insolence, then yes, they could interepet that as a behavourial problem. I suspect the company was in a bind as to what they could write on your experience certificate, and someone had a bright idea to throw you under the bus. It happens all too frequently unfortunately.
Where to you go from here? That is up to you. I suspect you are going to have to write this off to experience and move on. It is going to be difficult, but you need to craft a convincing narrative that explains how this played out, and that you did your best in difficult circumstances, but the employer gave you no assistance and guidance etc. Don't bag the employer, just stick to facts and be very calm and dispassionate about it. Then focus on your skills and what you can bring to a new employer.
Above all, do your research and be very, very wary of any new company you may like to join. Last thing you need is to walk into another lion's den.
From Australia, Melbourne
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2. "...hoping they would understand my sentiment.." HOPE is not a stategy. Never, ever rely on hope for anything. You should have clearly set out your requirements in an email or letter, and requested a reply in writing outlining what they would and would not agree to.
3. When you took the job, you should have requested information about the job and the duties, e.g. a position description outline the duties, a person description outlining the skills and experience needed etc. You should have got those at the recruitment stage. At the very least on your first day you should have met with the HOD and got a clear understanding of your job situation, the duties you were expected to peform, and the criteria on which your performance would be assessed.
4. "... which I had interepreted..." NEVER interpret anything, always ask for clafication and clear, unambiguous information, guidelines etc. CLARIFY everything, and get an agreement in writing.
5. Unjust as it is, management reserve the right to move staff as and when it suits them, and for reasons best known to themselves. Whilst it is a poor way of doing business, they are not obliged to tell your their reasons for any decision they make.
6. When you were called to the meeting, you should have gone prepared with a list of reasons why you felt you were not suited to the job, how it was impacting the company, and some suggestions of ways you and the company could move forward to mutual advantage. You just answered "NO" when questioned. Not a good strategy. Golden rule - management don't want to hear about problems, they want to hear about solutions. You offered nothing.
7. Peformance and behavioural issues can cover a multitude of sins. We weren't in the room with you, so we don't know how you reacted to them. If you were projecting an attitude of, shall we say, dumb insolence, then yes, they could interepet that as a behavourial problem. I suspect the company was in a bind as to what they could write on your experience certificate, and someone had a bright idea to throw you under the bus. It happens all too frequently unfortunately.
Where to you go from here? That is up to you. I suspect you are going to have to write this off to experience and move on. It is going to be difficult, but you need to craft a convincing narrative that explains how this played out, and that you did your best in difficult circumstances, but the employer gave you no assistance and guidance etc. Don't bag the employer, just stick to facts and be very calm and dispassionate about it. Then focus on your skills and what you can bring to a new employer.
Above all, do your research and be very, very wary of any new company you may like to join. Last thing you need is to walk into another lion's den.
From Australia, Melbourne
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(Fact Checked)-Your advice is sound and comprehensive, focusing on the importance of clarity, communication, and understanding in employment contracts. Well done! (1 Acknowledge point)