I am an employee of a consulting firm on a C2H role. In mid-2021, I entered into a commitment with my HR, who increased my salary and asked me to commit to the company for a year. Upon completing this period, I could give my notice to resign. During a call, I clearly mentioned that I would accept the offer on the condition of receiving a tech-based role in new domains. My HR agreed, and in an email, I reiterated the same, which was acknowledged by both HR and the HR head.
After a few months, I contacted them to align me with the change I had requested but received a vague response that they would work on it. In January 2022, lacking any hope of getting the change, I resigned. Subsequently, HR informed me that my resignation holds no value and is considered "null and void" for the company. They insisted I should complete my remaining time with the company. However, since HR has not fulfilled the change I requested, they now threaten to provide negative feedback on my BGV. I have not signed any commitment on paper, only accepted it via email. The organization breached the commitment by failing to provide the change requested, yet HR accuses me of breaching the commitment.
I seek assistance in finding a resolution to this issue.
From India, Delhi
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After a few months, I contacted them to align me with the change I had requested but received a vague response that they would work on it. In January 2022, lacking any hope of getting the change, I resigned. Subsequently, HR informed me that my resignation holds no value and is considered "null and void" for the company. They insisted I should complete my remaining time with the company. However, since HR has not fulfilled the change I requested, they now threaten to provide negative feedback on my BGV. I have not signed any commitment on paper, only accepted it via email. The organization breached the commitment by failing to provide the change requested, yet HR accuses me of breaching the commitment.
I seek assistance in finding a resolution to this issue.
From India, Delhi
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Legal Validity of Employment Commitments
First, there is no legal validity to a commitment to work for a year (or any period), and the restraint imposed is not valid. It would be valid if you were given specific training by external faculty that was paid for as a cost to the company (not on-the-job training by seniors). The commitment from the company, however, is legally valid and enforceable. You can't force them to keep you, but you can force them to pay you the differential salary.
Validity of Email Agreements
On the second point, communication via email has the same validity as being on paper. So the agreement would be valid if it was not an invalid restraint (as explained above). The failure of the company to give you the promised role further makes the agreement invalid and more useless in law.
Background Verification (BVG) Concerns
On the third point, BVG is always up to the employer. In India, you have very little protection against negative BVG comments. The only way is if you know, have proof, and you go to court, then you can win damages, but it is far-stretched in terms of effort and cost.
Seeking Resolution
There is no straightforward solution to your problem. You need to negotiate or perhaps go to the management and explain what happened and why you are leaving. Communicate that the HR's threat is illegal and could land them in a problem.
From India, Mumbai
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2508First, there is no legal validity to a commitment to work for a year (or any period), and the restraint imposed is not valid. It would be valid if you were given specific training by external faculty that was paid for as a cost to the company (not on-the-job training by seniors). The commitment from the company, however, is legally valid and enforceable. You can't force them to keep you, but you can force them to pay you the differential salary.
Validity of Email Agreements
On the second point, communication via email has the same validity as being on paper. So the agreement would be valid if it was not an invalid restraint (as explained above). The failure of the company to give you the promised role further makes the agreement invalid and more useless in law.
Background Verification (BVG) Concerns
On the third point, BVG is always up to the employer. In India, you have very little protection against negative BVG comments. The only way is if you know, have proof, and you go to court, then you can win damages, but it is far-stretched in terms of effort and cost.
Seeking Resolution
There is no straightforward solution to your problem. You need to negotiate or perhaps go to the management and explain what happened and why you are leaving. Communicate that the HR's threat is illegal and could land them in a problem.
From India, Mumbai
Acknowledge(0)Amend(0)
Navigating Employment Disputes: A Practical Approach
Please remember that fighting in the courts is often a waste of time. Even if you win the case after a decade, the purpose may not be served.
My suggestion is to proceed with your decision to join a prospective employer. The most your current employer can do is refuse to provide a service certificate. As long as you have your pay slip, you can show it to your prospective employer and request them to verify your PF contributions in the previous company as proof of your service.
Explaining the Absence of a Service Certificate
Please explain to the future employer the reasons for not being able to submit the service certificate. This helps you in two ways:
1. It speaks to your honesty and integrity.
2. It shows your interest in the prospective employer.
All the best.
From India, Hyderabad
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Please remember that fighting in the courts is often a waste of time. Even if you win the case after a decade, the purpose may not be served.
My suggestion is to proceed with your decision to join a prospective employer. The most your current employer can do is refuse to provide a service certificate. As long as you have your pay slip, you can show it to your prospective employer and request them to verify your PF contributions in the previous company as proof of your service.
Explaining the Absence of a Service Certificate
Please explain to the future employer the reasons for not being able to submit the service certificate. This helps you in two ways:
1. It speaks to your honesty and integrity.
2. It shows your interest in the prospective employer.
All the best.
From India, Hyderabad
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