hi evry1 ...
I worked in a KPO for a month and due to certain unavoidable circumstances .
.(i.e. .. i had backlogs in my UG ... so i had 2 go abt wid exams and cudnt manage wid nite shifts ..) .... i had to quit the job..
......
at the time of joining / confirmation ( that is after training n stuff were over ..) i had signed a "service agreement bond" of 8 months and a bond break" compensation amount of 25K ....
....
Before quitting the job , i approached my TL/TM to discuss my situation , and i planned to do evrything officially and hav my hands clean.. I didnt want to abscond coz , i know dats un-ethical and i never intended to do it rather..
,,,,
but wen i approachd my TM .. and explained him my situation ...... 'He' frankly said dat ---- "its same for us if u go officially "or" abscond urself" ( in fact it was quite rude n :harsh .... im unable to put it thru text :mad:..)
... he was so rude .... and denied in giving me a formal quit / pink slip / resignation / relieving letter .. or watever ....:icon5:
.........
In fact .. i was ready to go ahead wid the proper official formalities ... but "they" denied me in giving a formal quit ... they intentionally forced me to "abscond " "officially" !!!!
.......................
They abruptly said dat there is no paperwork dat can be done ....... after dat they hit me wid words ...and blah..blah ...saying things like i wudnt hav recruited u : see hw much the floor is gonna be affectd by ppl like you ....!!! :icon7:
...........................
( fine ... i accept dat der r technicalities and work force shortage consequences.... but they ought hav given me a pink slip ..rt ??:mad:)
...........
Now i ve been literally "Made" to "Abscond" ...and im sitting @ home preparing for my exams and im also trying to do some networking courses .....fine ....
............................
Well ...now ive started recieving warning letters / notices / notices which say dat -- civil / criminal / action wil b taken against me .... they r also saying dat a police complaint mite b lodged ..........!!!!! IM frustrated ..( and worried rather ... coz it isnt my fault ...)
.......... the legal notice is yet 2 come .... i dont wanna pay d compensation coz it is deir fault to hav "forced" me to abscond ....!!!!!:icon7:
........
wat do i do ?????? wel ... im not gonna reply 4 deir irrelevant warnings / notices n stuff ......
wil der be really a police case lodged against me ????
wil der be any problem in applying 4 a passport ????
plz ...guide me .... im frustrated n upset by the "un-ethical" behaviour of my company's management which forces an emplyee to "abscond" , for its administrative convenience
From India, Madras
I worked in a KPO for a month and due to certain unavoidable circumstances .
.(i.e. .. i had backlogs in my UG ... so i had 2 go abt wid exams and cudnt manage wid nite shifts ..) .... i had to quit the job..
......
at the time of joining / confirmation ( that is after training n stuff were over ..) i had signed a "service agreement bond" of 8 months and a bond break" compensation amount of 25K ....
....
Before quitting the job , i approached my TL/TM to discuss my situation , and i planned to do evrything officially and hav my hands clean.. I didnt want to abscond coz , i know dats un-ethical and i never intended to do it rather..
,,,,
but wen i approachd my TM .. and explained him my situation ...... 'He' frankly said dat ---- "its same for us if u go officially "or" abscond urself" ( in fact it was quite rude n :harsh .... im unable to put it thru text :mad:..)
... he was so rude .... and denied in giving me a formal quit / pink slip / resignation / relieving letter .. or watever ....:icon5:
.........
In fact .. i was ready to go ahead wid the proper official formalities ... but "they" denied me in giving a formal quit ... they intentionally forced me to "abscond " "officially" !!!!
.......................
They abruptly said dat there is no paperwork dat can be done ....... after dat they hit me wid words ...and blah..blah ...saying things like i wudnt hav recruited u : see hw much the floor is gonna be affectd by ppl like you ....!!! :icon7:
...........................
( fine ... i accept dat der r technicalities and work force shortage consequences.... but they ought hav given me a pink slip ..rt ??:mad:)
...........
Now i ve been literally "Made" to "Abscond" ...and im sitting @ home preparing for my exams and im also trying to do some networking courses .....fine ....
............................
Well ...now ive started recieving warning letters / notices / notices which say dat -- civil / criminal / action wil b taken against me .... they r also saying dat a police complaint mite b lodged ..........!!!!! IM frustrated ..( and worried rather ... coz it isnt my fault ...)
.......... the legal notice is yet 2 come .... i dont wanna pay d compensation coz it is deir fault to hav "forced" me to abscond ....!!!!!:icon7:
........
wat do i do ?????? wel ... im not gonna reply 4 deir irrelevant warnings / notices n stuff ......
wil der be really a police case lodged against me ????
wil der be any problem in applying 4 a passport ????
plz ...guide me .... im frustrated n upset by the "un-ethical" behaviour of my company's management which forces an emplyee to "abscond" , for its administrative convenience
From India, Madras
Dear Aircraft,
Before replying your message, I must advise you not to use SMS type language in your queries in forums like this, as you are not communicating through Short Message Service (SMS) of your mobile phone.
Anyway, I must advise you to buy mental peace by paying the bond amount of Rs. 25K to your employer. Irrespective of whether you voluntarily absconded or you were forced to abscond, but I am sure you do not have anything to prove your statement, if the case goes to a court of law.
You have not stated from which position holder of your company you are receiving warnings or notices? It is necessary to know whether he is authorised to issue such warning or notices or not. However, it may be made clear that you must treat the notices as legal notices from the company. It is not necesary that the legal notice should always be through an advocate only.
About your fear whether they could lodge a complaint to the police or could file a criminal case againt you, the company has the right to lodge a complaint to the police against its employee having absconded from duty without following the proper procedure of resignation. However, the company cannot file a criminal case against you just for absconding from duty, unless you have really committed any crime, as may be specified in the criminal Procedure Code, or the company falsely make allegation of theft, or if it is already provided so in the service agreement bond about breach of service conditions, etc. However, there is no possibility of inclusion of any such clause in the agreement.
As regards civil suit, the company enjoy full right to file a civil suit against you to claim the service bond amount, as you have already signed the agreement, which is fully valid, unless any clause of invalid nature is included in the agreement to treat that void. Not only that they can also claim the cost incurred on civil suit against you. In the case of civil suit you will be loser on several counts. For example:
1) Cost of the Civil suit besides the bond amount;
2) Mental peace, as you can remain constantly under pressure and tension about the outcome of the case;
3) Loss of concentration in preparing for your exams with the result not faring well in that exam;
4) Los of concentration in your proposed networking courses with the same result of not faring well; and
5) Time and money expected to be lost in attending the court case from time to time.
Now, you can just weigh the pros and cons of losing Rs.25,000 versus the loss you are likely to bear, as mentioned above and decide accordingly. You can adopt the course, whichever seems advantageous to you.
However, I must advise you to consult some advocate by showing him your agreement, warning letters and notices, so that he may be able to check any illegal action on the part of your employer. If he finds any unethical or illegal contents on the part of the company, in that case you would be free to sue the company for causing unnecessary mental harassment to you.
P S Dhingra
Vigilance & Change Management Consultant
From India, Delhi
387Before replying your message, I must advise you not to use SMS type language in your queries in forums like this, as you are not communicating through Short Message Service (SMS) of your mobile phone.
Anyway, I must advise you to buy mental peace by paying the bond amount of Rs. 25K to your employer. Irrespective of whether you voluntarily absconded or you were forced to abscond, but I am sure you do not have anything to prove your statement, if the case goes to a court of law.
You have not stated from which position holder of your company you are receiving warnings or notices? It is necessary to know whether he is authorised to issue such warning or notices or not. However, it may be made clear that you must treat the notices as legal notices from the company. It is not necesary that the legal notice should always be through an advocate only.
About your fear whether they could lodge a complaint to the police or could file a criminal case againt you, the company has the right to lodge a complaint to the police against its employee having absconded from duty without following the proper procedure of resignation. However, the company cannot file a criminal case against you just for absconding from duty, unless you have really committed any crime, as may be specified in the criminal Procedure Code, or the company falsely make allegation of theft, or if it is already provided so in the service agreement bond about breach of service conditions, etc. However, there is no possibility of inclusion of any such clause in the agreement.
As regards civil suit, the company enjoy full right to file a civil suit against you to claim the service bond amount, as you have already signed the agreement, which is fully valid, unless any clause of invalid nature is included in the agreement to treat that void. Not only that they can also claim the cost incurred on civil suit against you. In the case of civil suit you will be loser on several counts. For example:
1) Cost of the Civil suit besides the bond amount;
2) Mental peace, as you can remain constantly under pressure and tension about the outcome of the case;
3) Loss of concentration in preparing for your exams with the result not faring well in that exam;
4) Los of concentration in your proposed networking courses with the same result of not faring well; and
5) Time and money expected to be lost in attending the court case from time to time.
Now, you can just weigh the pros and cons of losing Rs.25,000 versus the loss you are likely to bear, as mentioned above and decide accordingly. You can adopt the course, whichever seems advantageous to you.
However, I must advise you to consult some advocate by showing him your agreement, warning letters and notices, so that he may be able to check any illegal action on the part of your employer. If he finds any unethical or illegal contents on the part of the company, in that case you would be free to sue the company for causing unnecessary mental harassment to you.
P S Dhingra
Vigilance & Change Management Consultant
From India, Delhi
Thank you sir ... I am starting off to proceed with what can be done legally . Initially I am up with getting ready with a proper resignation letter ( which I should have done before ..!!). I am going to approach the HR personnel at my office ( as stated in the notice ) and I will check with what can be done further.
...
I am extremely thankful to you reg. the guidance. I will stay posted and update my progress regarding this..
From India, Madras
...
I am extremely thankful to you reg. the guidance. I will stay posted and update my progress regarding this..
From India, Madras
Dear Friend,
In case of breach of bond both types of cases civil and criminal may lie, and both should be proved beyond the reasonable doubt.
What i suggest is to reply the notices appropriately and not give up so early to pay off bond amount...
Regards
From India, Vadodara
In case of breach of bond both types of cases civil and criminal may lie, and both should be proved beyond the reasonable doubt.
What i suggest is to reply the notices appropriately and not give up so early to pay off bond amount...
Regards
From India, Vadodara