Legal Question in Employment Law in India

Hi Legal Advisors,

Please help me finding the right way out from this critical situation.

My past employer started my US visa filling on first week of Feb 2014 and on 2nd week of Feb 2014 they shared one checklist for Visa through email. The document was in doc format and not on their letterhead. Only thing was that it was having a company logo on the top (100% Sure that this is not there letterhead). They have asked me to fill that check list and sign and to send back the signed scan copy through email.

Along with other details in the check list two special points were there. Point no 1 - ->�I am willing to sign all HR documentation and bond without any exception�.  My answer was �To the best of my knowledge - yes�(At this point they have not shared the agreement terms). 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 employer Rs 2.8L towards the cost of processing visa, should I fail to take up USA assignment after visa stamping.� My answer was �To the best of my knowledge - yes�. I have filled the form and signed and sent the scanned copy to the HR. Till now no stamping was done and my passport is with me only.

On the 3rd week of Feb 2014 HR has shared the physical bond paper and asked us to sign get two guarantors and return that signed copy to them. After carefully going through the agreement I denied to sign that and asked them to not process my VISA if I required to sign this one sided long term bond.

I resigned from the service on 2nd week of March. Had couple of meeting on that bond with account head and HR. After two three times of oral communication before 24th March I have written to every one stating I cannot sign the bond and if they want me to stay back they have to remove this bond for me. Still they have processed my visa application and on 31st March 2014 they have sent the file to embassy for further processing.

By the time after many discussions when I did not move from my point as they cannot eliminate the bond, they decided to release me and on last week of April 2014 account owner had sent me resignation acceptance mail specifying my last working date. And I got another email (system generated) on 3rd week of May 2014 after HR has put my last working date in the system. This email specifies the resignation date, last working date and my all pending dues. This letter clearly mentions that I do not have any kind of pending dues to the employer. As I have not yet signed the bond they kept all silent.

My last working date was on first week of June 2014.

Just two days before my last working day HR told me that I need to pay Rs 2.8L to the employer if I need the release letter. They were talking on the basis of that checklist points. I denied to pay them the said amount as I have not signed any bond.

On my last working day they have harassed me by not providing the required no due form (This form I need to fill and get signed by different departments). On this ground I have emailed to all concerned people asking why I was not provided the form and never got any reply after multiple follow-ups. I have all the email communications in my personal mailbox.

When I went to talk to the HR, after listening the me some times they are saying that as my base location is different so, asking me to go to base location to collect pending docs, on the very next time someone is asking me to pay the said Rs 2.8L amount. When I approached the Base location HR, they are saying that they need an email from my current location HR stating I have all clearance from my current location.

On top of my resignation acceptance email (Auto generated and filled by HR) I asked all to clarify in detail if there is any issue related to my release. My all reminder emails are unanswered. Finally after waiting for long day I sent another email on top of this email stating if I do not get a reply with valid justification tithing that day then I would consider this as a valid approval to my clearance.

Within few minutes I got another completely new email (With a new subject line �Your release�) from HR stating only that till my visa issue is resolved they cannot proceed further.

I finally submitted my id card to the admin and went out.

My new employer has considered the resignation acceptance email and allowed me to join. Now, thing is that I need the release letter from my last employer. I have only couple of months in hand to submit the release letter to my current employer. Kindly advise me what I should do for getting that apart from paying the said amount.

Regards,

BM


Asked on 6/07/14, 5:43 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

07.06.2014

Dear BM,

You should take your new employer into confidence and explain to them how the previous employer has been harassing you to give you the release letter. You should inform your new employer that despite you having completed a proper handing over procedure to the previous employer, they were deliberately not giving you the release letter. If your full and final dues have still not been settled by the previous employer, you should straightaway lodge an FIR in the local Police Station for cheating against the employer.

Regards,

Read more
Answered on 6/07/14, 6:17 am


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