Hello Ankita Shah,
Suggest let her put some cut-off date [maybe till EoD today] to reach the Director. If she can't, then suggest her to send a mail [in a way, that would also put things in-writing to her advantage] with the Opening line as "I tried to reach you to explain my side of the situation....etc'.
Reg 'no news' from their end, suggest DON'T ignore the situation. Many times, 'No News is good news' can be a misplaced response mechanism. At this point of time, from the HR's perspective, it's YOUR FRIEND who needs the Exp letter & so is under MORE pressure. So UNLESS a situation is created to TRANSFER SOME PRESSURE TO THE HR, there's no way they will respond to close the chapter--hope you get what I mean.
Also, suggest wait for Kamalkant's response/suggestions too.
Rgds,
TS
From India, Hyderabad
1637Suggest let her put some cut-off date [maybe till EoD today] to reach the Director. If she can't, then suggest her to send a mail [in a way, that would also put things in-writing to her advantage] with the Opening line as "I tried to reach you to explain my side of the situation....etc'.
Reg 'no news' from their end, suggest DON'T ignore the situation. Many times, 'No News is good news' can be a misplaced response mechanism. At this point of time, from the HR's perspective, it's YOUR FRIEND who needs the Exp letter & so is under MORE pressure. So UNLESS a situation is created to TRANSFER SOME PRESSURE TO THE HR, there's no way they will respond to close the chapter--hope you get what I mean.
Also, suggest wait for Kamalkant's response/suggestions too.
Rgds,
TS
From India, Hyderabad
Hi Ankita,
I would suggest you to write whole matter to CEO of the Company and wait for his/her reply. If you still get negative response from CEO then you write whole matter with all supporting documents and conversation to Labour commissioner and mark cc to HR and CEO of the company.
I am sure your friend will get justice. I suggest her to do regular written communication.
This kind of bond is 110% illegal.
Regards,
Om
From India, Delhi
I would suggest you to write whole matter to CEO of the Company and wait for his/her reply. If you still get negative response from CEO then you write whole matter with all supporting documents and conversation to Labour commissioner and mark cc to HR and CEO of the company.
I am sure your friend will get justice. I suggest her to do regular written communication.
This kind of bond is 110% illegal.
Regards,
Om
From India, Delhi
Dear Ankita,
As told to you earlier, dont worry about the bond, it is unenforceable as no actual training has been given against the same. However if she (your friend) is not able to contact the CEO, please ask her to send a letter through registered post in the name of CEO addressing all the issues.
TS's concerns are right sometimes after some time you loose the locus standi in the matter. Please ask for you rights while you still can. Be confident and ask for your right. Even if after sending this letter to CEO they do not respond you may send a legal notice. I strongly hope that after that they should give her the experience and relieving letter.
Fear nothing if you are right.
From India, New Delhi
As told to you earlier, dont worry about the bond, it is unenforceable as no actual training has been given against the same. However if she (your friend) is not able to contact the CEO, please ask her to send a letter through registered post in the name of CEO addressing all the issues.
TS's concerns are right sometimes after some time you loose the locus standi in the matter. Please ask for you rights while you still can. Be confident and ask for your right. Even if after sending this letter to CEO they do not respond you may send a legal notice. I strongly hope that after that they should give her the experience and relieving letter.
Fear nothing if you are right.
From India, New Delhi
One question is u answered i.e what action can take the employer against the employee for not fulfilling the bond conditions? The available legal remedy for the employer is that to file a civil suit against the employee. And its a very time/ money consuming process . and its very difficult to prove violation of such so called bond.
Nk Panchal
From India, Anand
Nk Panchal
From India, Anand
Hi
From your statements that your friend is leaving the organisation. Pls look at the following points:
1. The compensation should be equivalent to the short fall in Bond period. It cannot be refund of salary paid. Normally the Service Bond is taken only for freshers (for whom the training is provided).
2. If the conditions in the Bond are one sided then the bond itself can be challenged in the Court of Law.
3. Also at the time of joining, the employee should have been briefed to the employee.
4. Your friend can serve a registered letter and leave the organisation. She can also mention in the letter that she is willing to pay for the short fall in service period.
5. For collection of the dues, we can get legal remedy.
Regards
Ravi
93802 93605
[/QUOTE]
From India, Chennai
From your statements that your friend is leaving the organisation. Pls look at the following points:
1. The compensation should be equivalent to the short fall in Bond period. It cannot be refund of salary paid. Normally the Service Bond is taken only for freshers (for whom the training is provided).
2. If the conditions in the Bond are one sided then the bond itself can be challenged in the Court of Law.
3. Also at the time of joining, the employee should have been briefed to the employee.
4. Your friend can serve a registered letter and leave the organisation. She can also mention in the letter that she is willing to pay for the short fall in service period.
5. For collection of the dues, we can get legal remedy.
Regards
Ravi
93802 93605
[/QUOTE]
From India, Chennai
Hi
Please its my humble request, do not pay a single peeny to that IT Company. Once I also suffered a lot I also became a victim. Just tell to your friend move on. Now a days many small IT Companies are following this harassing practices. Employees are working more than 10 hours in a day and if you forget to submit time sheet one day salary deduction. such a hell practicing a company is following. kindly move on without serving notice period and without paying them anything.
From India, Pune
Please its my humble request, do not pay a single peeny to that IT Company. Once I also suffered a lot I also became a victim. Just tell to your friend move on. Now a days many small IT Companies are following this harassing practices. Employees are working more than 10 hours in a day and if you forget to submit time sheet one day salary deduction. such a hell practicing a company is following. kindly move on without serving notice period and without paying them anything.
From India, Pune
Hi Ritu,
I can understand that IT is a work pressured industry. However which one is not.
About salary deduction for delayed work, I do not know how many firms do that. But that is not the reason one should resign. Honestly if i look at it, if someone's record mentions that s/he is always late in submitting the asked project, what would you suggest to make them realize importance of time?
Next is i really fail to understand why should she not serve notice period? Why should she fault at her things? Atleast if things get worse, she has done her bit to have an upper hand. Let her do her bit.
Anyway thanks for the concern.
From India, Mumbai
I can understand that IT is a work pressured industry. However which one is not.
About salary deduction for delayed work, I do not know how many firms do that. But that is not the reason one should resign. Honestly if i look at it, if someone's record mentions that s/he is always late in submitting the asked project, what would you suggest to make them realize importance of time?
Next is i really fail to understand why should she not serve notice period? Why should she fault at her things? Atleast if things get worse, she has done her bit to have an upper hand. Let her do her bit.
Anyway thanks for the concern.
From India, Mumbai
Hi Ankita,
In this matter as you are saying that your friend had signed the Bond that means he/she definitely have the received copy . If he/she don't mind can u share that bond on the forum so that after going through the document we can guide more accurately.
Thanks/Regards
Ratikanta Rath
From India, Durgapur
In this matter as you are saying that your friend had signed the Bond that means he/she definitely have the received copy . If he/she don't mind can u share that bond on the forum so that after going through the document we can guide more accurately.
Thanks/Regards
Ratikanta Rath
From India, Durgapur
Dear Friends, No-one can force to pay or hold the settlement after resignation, if employee is under any legal fault / dues from company then only. regards, Hiren
From India, New Delhi
From India, New Delhi
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Service agreement.doc