Dear All,
What to do in the following scenario:
A person decides to leave the organization without serving the proper notice period (i.e., for one month). He can give 15 days' notice. The company is not in the mode of accepting the same and wants the employee to serve 1 month's notice under any condition. The employee leaves after 15 days, submits all company assets, makes a handover note, and emails it to concerned authorities. In a normal scenario, the company can send him a legal notice for not serving the entire notice period. But if the company decides to take further steps like lodging an FIR against him and accusing him of Data Theft, Data Destruction, or any other false allegation (like violation of intellectual property rights) just to harm him, can it be really threatening to the employee and his career? Can a company do such a thing and make an employee suffer like this because they have power? What can an employee really do under such a scenario to protect his interests? Please advise.
Can the employee lodge a complaint with Human Rights on the grounds of Harassment and Threatening?
Rgds..
DG
From India, Calcutta
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1What to do in the following scenario:
A person decides to leave the organization without serving the proper notice period (i.e., for one month). He can give 15 days' notice. The company is not in the mode of accepting the same and wants the employee to serve 1 month's notice under any condition. The employee leaves after 15 days, submits all company assets, makes a handover note, and emails it to concerned authorities. In a normal scenario, the company can send him a legal notice for not serving the entire notice period. But if the company decides to take further steps like lodging an FIR against him and accusing him of Data Theft, Data Destruction, or any other false allegation (like violation of intellectual property rights) just to harm him, can it be really threatening to the employee and his career? Can a company do such a thing and make an employee suffer like this because they have power? What can an employee really do under such a scenario to protect his interests? Please advise.
Can the employee lodge a complaint with Human Rights on the grounds of Harassment and Threatening?
Rgds..
DG
From India, Calcutta
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Hi,
I feel the company has many other options than filing an FIR. This would be the last option for any company, as legal proceedings cost plenty. But considering the criticality of the situation and the position the candidate holds, the company can take this ruthless step. The best the candidate can do is negotiate with management to cool the terms, or if their reason to quit is to join a new organization, then talk to the offering company to provide a one-month time period to join. Another option is to provide a falsely convincing reason for quitting the job. These are a few options to avoid harsh consequences.
If the case is already filed, then the only option left is to face the lawsuit or compromise with the management. If you know some loopholes of the company, then file a counter-case against management in the consumer forum. In my view, nothing can be done if the company decides to ruin one's career.
From India, Bangalore
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I feel the company has many other options than filing an FIR. This would be the last option for any company, as legal proceedings cost plenty. But considering the criticality of the situation and the position the candidate holds, the company can take this ruthless step. The best the candidate can do is negotiate with management to cool the terms, or if their reason to quit is to join a new organization, then talk to the offering company to provide a one-month time period to join. Another option is to provide a falsely convincing reason for quitting the job. These are a few options to avoid harsh consequences.
If the case is already filed, then the only option left is to face the lawsuit or compromise with the management. If you know some loopholes of the company, then file a counter-case against management in the consumer forum. In my view, nothing can be done if the company decides to ruin one's career.
From India, Bangalore
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An employee response, who has responded without serving one month's notice, left the project midway. Further, non-completion of any tasks assigned to him. The problem with some companies is that they should have terminated such inefficient staff within 3 months.
As an employer, my viewpoint is that employees who work hard and work smart, no company wants to lose such an asset. Inefficient people yell more, but working and not delivering results have no value.
As an employee, my viewpoint is that I am right in my terms always :)
This is in reference to your warning letter sent to me via email dated 30.08.2011 after tendering my resignation. I am surprised to note the content therein. It seems that instead of accepting the resignation, you have made false allegations just to justify yourself for not adhering to the service contract as mentioned in the appointment letter issued by you. Please note that I never disobeyed the rightful instructions of any of the superiors. To comply with the instructions, I worked very hard from morning till late night after the usual working hours, even after 6.30 PM, which is evident from the entry register.
On the other hand, you have violated all conditions mentioned in the appointment letter, which bears no date issued by you in favor of the undersigned. In the said letter, the salary of the undersigned was fixed at Rs 29167/- per month, but you always deducted part of the salary on one pretext or the other.
I was surprised to receive the email on 09.05.2011 after the due date of the release of salary for the month of April 2011, whereby I was informed that the company was in urgent need of funds and only partial salary would be released to all the employees earning more than Rs 10000.00, which is contrary to the service contract. In the said email, it was specifically mentioned that the balance amount would be released in the next month. You released only Rs 10000 towards the salary for the month of April 2011, leaving behind Rs 15024 payable in the next month. Since the undersigned was not aware of this deduction beforehand, he made his necessary expenses in advance, keeping in view the total amount of the salary payable to him. Because of follow-up with the creditors, the undersigned had to face great humiliation. The undersigned was waiting for the release of arrears as well as the release of the full salary for the next month of May 2011. However, to his surprise, you again released only Rs 10000 in the month of June 2011 towards the salary of May 2011, leaving the balance to be released later. I requested you time and again for the release of arrears as I had to repay debts taken from the market, but you did not pay attention. Even the salary for the month of July 2011 was released by you on 25-08-2011 after my request letter dated 24.08.2011. These are not the only examples that show that you always defaulted in paying the due amount to me.
Because of the pressure from the creditors, I had requested several times verbally for the release of arrears and for not making unauthorized deductions, you started humiliating me by not allowing me to leave the office even at 9 PM after working continuously for more than 12 hours. Because of the management's attitude, I was compelled to resign from the services after conveying the same to Mr. Rohit Gupta at 9:10 PM on 29-08-2011. The indifferent attitude and the above-said acts of yours have caused me severe hardship and mental agony for which you are solely responsible.
You are once again requested at the cost of repetition to clear all the dues within 10 days by crediting the amount to my bank account and arrange to provide me the PF statement. Failing to do so, I shall be compelled to initiate suitable legal action at the appropriate forum.
Since you have yourself failed to honor your contractual obligation, the undersigned is free to tender his resignation at will.
From India, Pune
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As an employer, my viewpoint is that employees who work hard and work smart, no company wants to lose such an asset. Inefficient people yell more, but working and not delivering results have no value.
As an employee, my viewpoint is that I am right in my terms always :)
This is in reference to your warning letter sent to me via email dated 30.08.2011 after tendering my resignation. I am surprised to note the content therein. It seems that instead of accepting the resignation, you have made false allegations just to justify yourself for not adhering to the service contract as mentioned in the appointment letter issued by you. Please note that I never disobeyed the rightful instructions of any of the superiors. To comply with the instructions, I worked very hard from morning till late night after the usual working hours, even after 6.30 PM, which is evident from the entry register.
On the other hand, you have violated all conditions mentioned in the appointment letter, which bears no date issued by you in favor of the undersigned. In the said letter, the salary of the undersigned was fixed at Rs 29167/- per month, but you always deducted part of the salary on one pretext or the other.
I was surprised to receive the email on 09.05.2011 after the due date of the release of salary for the month of April 2011, whereby I was informed that the company was in urgent need of funds and only partial salary would be released to all the employees earning more than Rs 10000.00, which is contrary to the service contract. In the said email, it was specifically mentioned that the balance amount would be released in the next month. You released only Rs 10000 towards the salary for the month of April 2011, leaving behind Rs 15024 payable in the next month. Since the undersigned was not aware of this deduction beforehand, he made his necessary expenses in advance, keeping in view the total amount of the salary payable to him. Because of follow-up with the creditors, the undersigned had to face great humiliation. The undersigned was waiting for the release of arrears as well as the release of the full salary for the next month of May 2011. However, to his surprise, you again released only Rs 10000 in the month of June 2011 towards the salary of May 2011, leaving the balance to be released later. I requested you time and again for the release of arrears as I had to repay debts taken from the market, but you did not pay attention. Even the salary for the month of July 2011 was released by you on 25-08-2011 after my request letter dated 24.08.2011. These are not the only examples that show that you always defaulted in paying the due amount to me.
Because of the pressure from the creditors, I had requested several times verbally for the release of arrears and for not making unauthorized deductions, you started humiliating me by not allowing me to leave the office even at 9 PM after working continuously for more than 12 hours. Because of the management's attitude, I was compelled to resign from the services after conveying the same to Mr. Rohit Gupta at 9:10 PM on 29-08-2011. The indifferent attitude and the above-said acts of yours have caused me severe hardship and mental agony for which you are solely responsible.
You are once again requested at the cost of repetition to clear all the dues within 10 days by crediting the amount to my bank account and arrange to provide me the PF statement. Failing to do so, I shall be compelled to initiate suitable legal action at the appropriate forum.
Since you have yourself failed to honor your contractual obligation, the undersigned is free to tender his resignation at will.
From India, Pune
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