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Bharti123
Hi, With regards to this thread, I have faced a similar problem too. Can someone plz share their experiences and help. I was deputed since 2 years in UK by TCS . I was asked to return back early this year . I then already had applied for a HSMP and wished to stay back. Since my contract with the client was over, I went back to India, dropped my resignation letter and had discussions with HR and managers. They offcourse were not ready to relieve me. I had to server the 3 months notice period, which I Could NOT due to personal reasons. And came back to UK immediately. I asked them about LWP etc. Then later asked them to initiate the separation process. But they told me breach of bond etc etc....I never heard from them since 5 months and today suddenly they have posted a letter home.
From United Kingdom, London
Cite Contribution
1858

Greetings,
Please pay them as they have claimed. If you don’t clear it now, it will get dragged causing you hassles. You need to maintain a clear employment history . Henceforth, do serve the notice period or buy out with permission. Please consider the amount , little to the lesson you have learnt.
Regards,
(Cite Contribution)

From India, Mumbai
tajsateesh
1637

Hello Bharti123,

(Cite Contribution) is right.

You need to make a choice: whether you want to clear this obstacle & get moving in life OR drag the matter endlessly. Just notice that your case seems to be surely moving in a legal direction--which if it becomes true will only end-up in sapping your energy as well as consuming a lot of your time.

Begin to learn to face the consequences of your actions Bharti. Sooner the better. I know this could be very curt--but having seen quite a few IT people taking decisions without any concern for the rules [basically developing a the-company-will-have-to-agree temperment] and then facing the consequences--sort of act-in-haste-and-repent-at-leisure situations. How did you apply for HSMP knowing very well that you need to move out of TCS properly? Whether you did this on your own or were led into it by some GREAT advice, I am not sure--but realise that it's YOU who is facing the music.

It's surprising that you feel the root cause of this situation is TCS, when it's YOUR ACTIONS that led to it. Had you cared to plan things out with BOTH your's AND TCS's concerns/priorities/interests in mind, you definitely wouldn't have landed into this soup. Also pl thank your stars that they only asked you for the payment--sort of penalty. They didn't file a case right away [though you can bet they will if you dodge any further]--which would have made your life miserable & possibly ensured you wouldn't get any other job too as long as the case is decided [you know how long our Indian Courts take to decide matters].

Coming to your present predicament, suggest meet HR and try to get the amount reduced [pl don't bank on this to materialise--but neverthless give it a try] and move out smoothly to the best extent possible. Basically you don't have a choice EXCEPT to get the best bargain of what they are asking.

Rgds,

TS

From India, Hyderabad
consultme
192

Any employee is supposed to follow 'mutually agreed' terms of employment and onsite terms (if any) throughout the service period. Check the clause(s) in Appointment order/onsite bond (if any). If the notice period recovery is not explicitly mentioned, you may get a chance to take up this to a labour law expert.
If the notice period recovery is explicitly mentioned, your exit without proper notice can be considered as violation of terms and conditions of the job. To reconcile, company may accept the compensation and relieve you.

From India, Bangalore
Bharti123
@ (Cite Contribution) - I had also spoken to them initially about Leave without Pay as due to personal reasons, I couldnt join them immediately. After a while my mails were blocked and so was my acess to the intranet site. I could have assumed I was on LWP. And no initimation after that was received. And suddenly I get the letter at home. I should have been sent a mail or some form of communication that they are going to start my separation process.
From United Kingdom, London
kevin.john.rodrigues
Dear Bharti
Employees just cannot leave the company as per thier wish and fancies. For every move you make in the company there is an operational cost involved. what we all know as 'Hidden Cost'. The bond is singed initially so that you can know your limitations and abide by it. Guess the easiest solution would be to pay up the money and get the relieving letter and also no dues certificate. Or else incase legal action is taken up then your UK visa might come in bit of trouble as cases against leaving without proper notice havee become a serious issue in India. And its not a big thing for TCS to pursue a case against you. It wont be for the money but to set an example to other TCS employees.
Regards
Kevin


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