I have signed an agreement cum appointment letter and as per the agreement I have to serve the company for minimum 5 years. I know my employer would not issue me experience certificate or relieving letter if I leave before completion of 5 years. Can any one tell me what shall I do in that situation?
For your information I work in a hotel as an asst manager and there are no expenses being incurred by employer for any type of training, more over I am the most highly and technically qualified staff among the other management cadre.
From India, New Delhi
For your information I work in a hotel as an asst manager and there are no expenses being incurred by employer for any type of training, more over I am the most highly and technically qualified staff among the other management cadre.
From India, New Delhi
Dear Pallav,
I find similar question and answer in www.vakilno1.com. It may be of use to yu:
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Q: I wish to know the consequences of breach of employment bond given by an employees: On the employee himself, On the company that employs him subsequently. If the bond states that the employees can be used for criminal breach of trust on breach of the bond, how enforceable is this clause?
A. As regard the breach of the employment bond given by an employee in this regard it is advised that if an employee has signed a bond after he get specialized training from the company then a civil case can be filed against him for recovery of the amount mentioned in the bond if there is any breach. As regard the company that employs him subsequently, there is no liability of the company, which employs him subsequently. Breach of bond is not criminal breach of trust it is of civil consequences and that also have to be proved in the Court of Law. In no manner it can be termed as criminal breach of trust.
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What I understand from the answer is that if your resignation from job or leaving the job (if your resignation letter is not accepted by your Employer) without Employer's acceptance leads to any 'civil consequences', like non-performance of some work undertaken by some Contractor/company under some contract, which forces the contractor/company to incur loss, then your bond has significance. And the company has to prove it in court of law that it incurred such and such loss due to your action of leaving the job. That is what, as I understand, he means by the phrase "civil consequences".
The legal expert is of the opinion that breach of service bond (contract) is not 'criminal breach of trust'.
Regarding your "experience certificate", I feel if you have experience in the company the company is under obligation to give you a "experience certificate", that has nothing to do with your leaving the job. Whether you have completed the term or not is a different issue. You worked there for some time. It is a fact. And hence your employer is under obligation to disclose facts to all those who are concerned. Your leaving the job and experience certificate are two different matters, he (your employer) cannot refuse to offer experience certificate on the ground that you have left the job before completion of term you agreed to work with him.
If you have strongly decided to leave the job and be prepared for legal consequences (if any), then offer resignation letter to the company. They may say, "we will not take" or "we will not accept". If they say, we will not take, you can force them to take it by saying, "if you don't accept my resignation letter, say that in writing, but you can't refuse to take the letter".
Once it is offered you can demand "experience certificate" from date of joining to date of resignation, because it is not illegal to force someone to declare the facts known to them in writing.
These are my personal views on the subject.
From India, Hyderabad
3I find similar question and answer in www.vakilno1.com. It may be of use to yu:
----------------
Q: I wish to know the consequences of breach of employment bond given by an employees: On the employee himself, On the company that employs him subsequently. If the bond states that the employees can be used for criminal breach of trust on breach of the bond, how enforceable is this clause?
A. As regard the breach of the employment bond given by an employee in this regard it is advised that if an employee has signed a bond after he get specialized training from the company then a civil case can be filed against him for recovery of the amount mentioned in the bond if there is any breach. As regard the company that employs him subsequently, there is no liability of the company, which employs him subsequently. Breach of bond is not criminal breach of trust it is of civil consequences and that also have to be proved in the Court of Law. In no manner it can be termed as criminal breach of trust.
----------------
What I understand from the answer is that if your resignation from job or leaving the job (if your resignation letter is not accepted by your Employer) without Employer's acceptance leads to any 'civil consequences', like non-performance of some work undertaken by some Contractor/company under some contract, which forces the contractor/company to incur loss, then your bond has significance. And the company has to prove it in court of law that it incurred such and such loss due to your action of leaving the job. That is what, as I understand, he means by the phrase "civil consequences".
The legal expert is of the opinion that breach of service bond (contract) is not 'criminal breach of trust'.
Regarding your "experience certificate", I feel if you have experience in the company the company is under obligation to give you a "experience certificate", that has nothing to do with your leaving the job. Whether you have completed the term or not is a different issue. You worked there for some time. It is a fact. And hence your employer is under obligation to disclose facts to all those who are concerned. Your leaving the job and experience certificate are two different matters, he (your employer) cannot refuse to offer experience certificate on the ground that you have left the job before completion of term you agreed to work with him.
If you have strongly decided to leave the job and be prepared for legal consequences (if any), then offer resignation letter to the company. They may say, "we will not take" or "we will not accept". If they say, we will not take, you can force them to take it by saying, "if you don't accept my resignation letter, say that in writing, but you can't refuse to take the letter".
Once it is offered you can demand "experience certificate" from date of joining to date of resignation, because it is not illegal to force someone to declare the facts known to them in writing.
These are my personal views on the subject.
From India, Hyderabad
Dear Pallav,
All depends on what are the clauses in your agreement cum appointment letter. I was inquisitive to know - why sign an agreement for "minimum" 5 years and then worry?
Most agreements binding employees to a Company are illegal and not supported by law. The exceptions are where the Company expends considerable time and efforts (especially money) on you on training or special purpose related to your job. They have a right to claim it back from you.
Though commenting without seeing your agreement cum appointment letter, I bet that you can quit anytime you want provided you serve a notice period or pay in lieu thereof (if specified in your appointment letter).
The relieving letter and experience certificate are issued by the Company and there is nothing to force the Company to issue it spontaneously. You will have to request for it. If you fear that they will not give it easily, your alternative may be to quit the job and join elsewhere.
Rahul 09968270580
From India, New Delhi
All depends on what are the clauses in your agreement cum appointment letter. I was inquisitive to know - why sign an agreement for "minimum" 5 years and then worry?
Most agreements binding employees to a Company are illegal and not supported by law. The exceptions are where the Company expends considerable time and efforts (especially money) on you on training or special purpose related to your job. They have a right to claim it back from you.
Though commenting without seeing your agreement cum appointment letter, I bet that you can quit anytime you want provided you serve a notice period or pay in lieu thereof (if specified in your appointment letter).
The relieving letter and experience certificate are issued by the Company and there is nothing to force the Company to issue it spontaneously. You will have to request for it. If you fear that they will not give it easily, your alternative may be to quit the job and join elsewhere.
Rahul 09968270580
From India, New Delhi
Hi !
My response would be a bit different from others. I hope you will not feel offended by this. Why are you worried about what will happen if you leave the company before 5 years? Why dont you think positive about completing the 5 year term successfully. I presume from your querry that you have recently joined this organisation. Please correct me if I am wrong.
If you have joined recently, you need to concentrate on you job and ways to enjoy your work. And thinking about concequencies of your not completing the stipulated term should not be in your priority list at this stage.
I know standards of loyalty and job satisfaction are quickly changing. But isnt it that we are concentrating on things which should not eat up all our concentration?
Think and reflect.
Again you have done right to ask question to the forum and you must be given an answer to your question. For that part, law is on employee's side in such cases. You have right to select your employment i.e. your right to earn your livelyhood. As far as experience letter is concerned in my view it is co's descrition
From India, New Delhi
My response would be a bit different from others. I hope you will not feel offended by this. Why are you worried about what will happen if you leave the company before 5 years? Why dont you think positive about completing the 5 year term successfully. I presume from your querry that you have recently joined this organisation. Please correct me if I am wrong.
If you have joined recently, you need to concentrate on you job and ways to enjoy your work. And thinking about concequencies of your not completing the stipulated term should not be in your priority list at this stage.
I know standards of loyalty and job satisfaction are quickly changing. But isnt it that we are concentrating on things which should not eat up all our concentration?
Think and reflect.
Again you have done right to ask question to the forum and you must be given an answer to your question. For that part, law is on employee's side in such cases. You have right to select your employment i.e. your right to earn your livelyhood. As far as experience letter is concerned in my view it is co's descrition
From India, New Delhi
Dear Rahul and Pallav,
The usage of word "force" in my letter does not mean usage of "criminal force". The way Pallav's employer cannot force Pallav to work for him by using criminal force, Pallav can also not use "criminal force" to get "experience certificate" from his employer.
Fear is in our mind when we make a decision to quit the job when there is a bond. The employer cannot detain us in office physically to "force us" to do the job. If we stop doing the job, he will file a suit in court, and the case will drag on depending on the time available to the Court to hear the case against you. We are aware in India it may some times take more than 10-15 years to get final judgment on any case.
From Pallav's angle, when we think, if Pallav cannot get "experience certificate" on demand, then his next recourse is only Court of law. Again the same problem of getting a favorable judgment in his favor arises because courts don't deliver judgments in time in our country. Let us say, the Court takes 10 years time to decide whether Pallav is eligible to demand a Experience certificate or not in such and such circumstances.
Then what Pallav will do for these 10 years? He can't wait without applying for other jobs till then. Even if Court delivers a judgment in his favor, it will be of use to him only if justice is delivered in time. Justice delayed is justice denied.
Now the interesting question in this scenario is can we get the things that we are legally entitled to get from those persons who are obliged to give without intervention of Courts? If no, does the purpose can be said to have been served if the court does not deliver judgment in time?
You and I know Pallav is entitled to get Experience certificate from his employer. But his employer refuses to give it to him, unless he is directed by Court. By the time court directs, it will be too late. Then how do we enjoy the things that we are legally entitled to enjoy?
Sometime back my friend had similar experience with his employer. He offered resignation letter because he was being harrassed with a malicious disciplinary proceeding for abstention from work for a few months. His employer refused to take. If he does not take he can have the advantage of awarding any kind of punishment such as compulsory retirement, dismissal etc. He can neither refuse to accept the resignation nor refuse to take it because the disciplinary proceeding only relates to leave not any financial misappropriation.
My friend argued with him saying, "If you don't want to accept my resignation say that to me after having receiving and acknowleding the receipt of this letter but you can't straight away refuse to 'receive' the letter...". But what we can do if he refuses to take? Can we use criminal force? We can go to some law enforcing agency like police, court to force him accept our letter. But all that process takes time, it involves agony and effort.
There are many things that we are legally entitled to enjoy like my friend offering resignation letter to his employer and Pallav getting Experience certificate from his employer, but they would not do it unless they are directed by courts.
Our problem is we either have to depend on the "goodness" of our employer or of the ability of courts to deliver justice in time, there is no other go.
From India, Hyderabad
The usage of word "force" in my letter does not mean usage of "criminal force". The way Pallav's employer cannot force Pallav to work for him by using criminal force, Pallav can also not use "criminal force" to get "experience certificate" from his employer.
Fear is in our mind when we make a decision to quit the job when there is a bond. The employer cannot detain us in office physically to "force us" to do the job. If we stop doing the job, he will file a suit in court, and the case will drag on depending on the time available to the Court to hear the case against you. We are aware in India it may some times take more than 10-15 years to get final judgment on any case.
From Pallav's angle, when we think, if Pallav cannot get "experience certificate" on demand, then his next recourse is only Court of law. Again the same problem of getting a favorable judgment in his favor arises because courts don't deliver judgments in time in our country. Let us say, the Court takes 10 years time to decide whether Pallav is eligible to demand a Experience certificate or not in such and such circumstances.
Then what Pallav will do for these 10 years? He can't wait without applying for other jobs till then. Even if Court delivers a judgment in his favor, it will be of use to him only if justice is delivered in time. Justice delayed is justice denied.
Now the interesting question in this scenario is can we get the things that we are legally entitled to get from those persons who are obliged to give without intervention of Courts? If no, does the purpose can be said to have been served if the court does not deliver judgment in time?
You and I know Pallav is entitled to get Experience certificate from his employer. But his employer refuses to give it to him, unless he is directed by Court. By the time court directs, it will be too late. Then how do we enjoy the things that we are legally entitled to enjoy?
Sometime back my friend had similar experience with his employer. He offered resignation letter because he was being harrassed with a malicious disciplinary proceeding for abstention from work for a few months. His employer refused to take. If he does not take he can have the advantage of awarding any kind of punishment such as compulsory retirement, dismissal etc. He can neither refuse to accept the resignation nor refuse to take it because the disciplinary proceeding only relates to leave not any financial misappropriation.
My friend argued with him saying, "If you don't want to accept my resignation say that to me after having receiving and acknowleding the receipt of this letter but you can't straight away refuse to 'receive' the letter...". But what we can do if he refuses to take? Can we use criminal force? We can go to some law enforcing agency like police, court to force him accept our letter. But all that process takes time, it involves agony and effort.
There are many things that we are legally entitled to enjoy like my friend offering resignation letter to his employer and Pallav getting Experience certificate from his employer, but they would not do it unless they are directed by courts.
Our problem is we either have to depend on the "goodness" of our employer or of the ability of courts to deliver justice in time, there is no other go.
From India, Hyderabad
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