Expert: John Varghese - 12/4/2010

Question
Sir
I am a fresher working in one of the top IT company.But my profile is IT infrastructure services.As recently I got another Offer from one more top companies in IT domain so I am thinking to switch(joining letter is awaited).So i dont want any working experience also from my present company..My company has registered me in NSR. So will there be any problem if I resign this company.I have already completed 2 months of my training.and 3 more weeks of training is remaining.In my present company we have bond and if we break we have to pay them some fixed amount....so plz suggest what should I do..And again will there be any negative outcome as I have registered in NSR.I want to know the legal consequences after resigning and I have no plans of absconding...

Answer
Dear Sunny,
Registering at National Skills Registry is a purely professional process, without any legal backing.It is a NASSCOM intiative and is not a government initiated or government backed registry. It helps the employees with a secure identity and credible profile and helps to check the employers against fake CV's and from competing for jobs based on hyped details.As far as I understand, you can control the data since the password is given only to you and you can decide whether any employer can see the data or not. So the resignation from the job should not have any bearing on your future employability, though any employer who gets an opportunity to check the NSR would come to know about your service in your present company, including the time you had spend in the company and there cannot be any hiding of the details. In all probability since the NSR goes for a biometric authentication, you cannot set up a second profile when you join another company. So my advice is, honesty is the best policy so far as further employment is concerned and you can give your best reason for quitting the employment, but do not hide the fact of your employment if you ever want to remain in any company which uses NSR to verify the data of their employees.

Now regarding the resignation, taking up an employment is,in legal terms offering your personal services to the company and you can at any point of time terminate the agreement, provided you are willing to comply with the conditions of the employment, like paying the bond amount. Once you have paid the bond amount, the company cannot in any way retain you in the services beyond the notice period(if there is one in addition to the bond amount). If there is no requirement to serve any additional period after remitting the bond amount, you can immediately demand a relieving letter, and on failure of the company to relieve you you can approach the labour officer with your grievance, who will ensure that you get a fair deal from the company.
Hope this clarifies.
Regards

John Varghese