Hi Advisors, Please help me find the right way out of this critical situation.
Visa Process and Initial Agreement
My past employer initiated my US visa filing in early February 2014. In mid-February 2014, they shared a visa checklist via email. The document was in DOC format, not on official letterhead, although it displayed the company logo. They requested me to complete the checklist, sign it, and return the signed scanned copy via email.
Among other details, the checklist contained two crucial points. Point No. 1: "I am willing to sign all HR documentation and bond without any exception." My response was "To the best of my knowledge - yes" as the agreement terms had not been disclosed at that point. Point No. 2: "I will sign the service agreement in advance on being advised by HR. This agreement is to ensure that the candidate will pay the employer Rs 3L towards the cost of processing the visa, should I fail to take up the USA assignment after visa stamping." My response was "To the best of my knowledge - yes." I completed the form, signed it, and sent the scanned copy to HR. At this stage, I was unaware of the bond terms and conditions.
Bond Agreement and Resignation
In the third week of February 2014, HR provided a physical bond paper and requested us to sign, obtain two guarantors, and return the signed copy. Upon reviewing the agreement, I declined to sign it and communicated my unwillingness to proceed with the visa process if the one-sided long-term bond was mandatory.
I tendered my resignation in the second week of March. Subsequent discussions with the account head and HR regarding the bond did not lead to a resolution. Before 24th March, I formally communicated my inability to sign the bond and requested its removal for me to continue. Despite my stance, they proceeded with my visa application, sending the file to the embassy for further processing on 31st March 2014.
Release and Pending Issues
After several discussions where I maintained my position against signing the bond, they eventually agreed to release me. In late April 2014, the account owner sent an email accepting my resignation, specifying my last working date. A system-generated email in mid-May 2014 detailed my resignation date, last working day, and confirmed no pending dues to the employer. As I had not signed the bond, they did not raise any concerns.
On my final working day in early June 2014, HR demanded Rs 3L payment for the release letter, citing the checklist points. I contested this request as I had not signed any bond. They further harassed me by withholding the required no-due form, necessary for clearance from different departments. Despite my inquiries, I received no response.
In subsequent interactions with HR, they redirected me to the base location for pending documents or demanded the Rs 3L payment. The lack of clarity persisted despite my efforts to seek resolution. Upon escalating the matter and setting a deadline for a response, HR cited visa-related issues as a hindrance to processing my release.
I have since left the organization and require the release letter for my current employment. Kindly advise on obtaining the letter without making the payment.
From India, Thane
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Visa Process and Initial Agreement
My past employer initiated my US visa filing in early February 2014. In mid-February 2014, they shared a visa checklist via email. The document was in DOC format, not on official letterhead, although it displayed the company logo. They requested me to complete the checklist, sign it, and return the signed scanned copy via email.
Among other details, the checklist contained two crucial points. Point No. 1: "I am willing to sign all HR documentation and bond without any exception." My response was "To the best of my knowledge - yes" as the agreement terms had not been disclosed at that point. Point No. 2: "I will sign the service agreement in advance on being advised by HR. This agreement is to ensure that the candidate will pay the employer Rs 3L towards the cost of processing the visa, should I fail to take up the USA assignment after visa stamping." My response was "To the best of my knowledge - yes." I completed the form, signed it, and sent the scanned copy to HR. At this stage, I was unaware of the bond terms and conditions.
Bond Agreement and Resignation
In the third week of February 2014, HR provided a physical bond paper and requested us to sign, obtain two guarantors, and return the signed copy. Upon reviewing the agreement, I declined to sign it and communicated my unwillingness to proceed with the visa process if the one-sided long-term bond was mandatory.
I tendered my resignation in the second week of March. Subsequent discussions with the account head and HR regarding the bond did not lead to a resolution. Before 24th March, I formally communicated my inability to sign the bond and requested its removal for me to continue. Despite my stance, they proceeded with my visa application, sending the file to the embassy for further processing on 31st March 2014.
Release and Pending Issues
After several discussions where I maintained my position against signing the bond, they eventually agreed to release me. In late April 2014, the account owner sent an email accepting my resignation, specifying my last working date. A system-generated email in mid-May 2014 detailed my resignation date, last working day, and confirmed no pending dues to the employer. As I had not signed the bond, they did not raise any concerns.
On my final working day in early June 2014, HR demanded Rs 3L payment for the release letter, citing the checklist points. I contested this request as I had not signed any bond. They further harassed me by withholding the required no-due form, necessary for clearance from different departments. Despite my inquiries, I received no response.
In subsequent interactions with HR, they redirected me to the base location for pending documents or demanded the Rs 3L payment. The lack of clarity persisted despite my efforts to seek resolution. Upon escalating the matter and setting a deadline for a response, HR cited visa-related issues as a hindrance to processing my release.
I have since left the organization and require the release letter for my current employment. Kindly advise on obtaining the letter without making the payment.
From India, Thane
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Given the circumstances, it is crucial to assert your rights and seek resolution without succumbing to unjust demands. Here are steps to consider:
1. Document Everything: Preserve all communication, including emails and responses, as evidence of the situation.
2. Legal Consultation: Consider seeking legal advice to understand your rights and options under Indian labor laws.
3. Formal Complaint: If necessary, file a formal complaint with the appropriate labor authorities regarding the employer's actions.
4. Negotiation: Attempt to negotiate with HR or management for the release letter without the payment, emphasizing your position and the lack of a signed bond.
5. Escalation: If internal discussions yield no results, escalate the matter to higher management or relevant authorities within the organization.
6. Deadline Reminder: Politely remind HR of the urgency to resolve the issue before your new employment deadline.
7. Seek Support: If available, involve a trusted colleague or legal advisor to assist in navigating the situation.
8. Stay Professional: Maintain a professional demeanor in all interactions to strengthen your position and credibility.
9. Follow-Up: Regularly follow up with HR for updates and resolutions, ensuring you are persistent but respectful in your communications.
10. Consider Legal Action: If all attempts fail, evaluate the feasibility of legal action to secure your rights and the release letter without undue payment.
By following these steps and advocating for your rights, you can navigate this challenging situation effectively and secure the necessary documentation for your new employment.
From India, Gurugram
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511. Document Everything: Preserve all communication, including emails and responses, as evidence of the situation.
2. Legal Consultation: Consider seeking legal advice to understand your rights and options under Indian labor laws.
3. Formal Complaint: If necessary, file a formal complaint with the appropriate labor authorities regarding the employer's actions.
4. Negotiation: Attempt to negotiate with HR or management for the release letter without the payment, emphasizing your position and the lack of a signed bond.
5. Escalation: If internal discussions yield no results, escalate the matter to higher management or relevant authorities within the organization.
6. Deadline Reminder: Politely remind HR of the urgency to resolve the issue before your new employment deadline.
7. Seek Support: If available, involve a trusted colleague or legal advisor to assist in navigating the situation.
8. Stay Professional: Maintain a professional demeanor in all interactions to strengthen your position and credibility.
9. Follow-Up: Regularly follow up with HR for updates and resolutions, ensuring you are persistent but respectful in your communications.
10. Consider Legal Action: If all attempts fail, evaluate the feasibility of legal action to secure your rights and the release letter without undue payment.
By following these steps and advocating for your rights, you can navigate this challenging situation effectively and secure the necessary documentation for your new employment.
From India, Gurugram
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