Saswatabanerjee
Partner - Risk Management
Anil.arora
Administration Head
Kamalkantps
Advocate
Dikshit.tgs
Human Resources Professional
Cite Contribution
Community Manager
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Harsh Shukla
Ceo And Md Of 3 Uk Based Mnc's
Couvery
Consultant
Vivaek
Hr Manager
Shanzz28
Executive
+1 Other

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I was working for an MNC. Last month they have sent me to some training outside India. i had not signed any bond or agreement concerned to this training. After coming back I had an argument with my manager and I resigned as GM supports him blindly and there was no chance of my sustaining in organisation. I even stopped going to company the very second day.

The following day I recieved a notice on company letter head that a police complaint is made against me and also same kind of letter being sent to passport office.

I phoned my GM and director regarding this and they started abusing me verbally on phone.

Now when I asked them for payment of three month's notice period, a simple mail from HR not on company head even, calculation was made e.g gross salary 44321*3= 13263 Rs. Now when I again asked to put it on a company letter head they replied me with a lawyer legal notice. And it now includes training expenditure, loss of project, expenditure of court proceedings, lawyer fee making a total sum of Rs 8,60000/ .

I am confused why they are taking it up to their head, if I am ready to clear the due amount of my 3 months notice period and asking for a relieving letter in return.

Please guide me on this and tell me whether they can take it to court.

Hello :

Firstly I feel that you should have exited in a more appropriate manner rather than implusively moving out over an argument with your Manager.

The company deployed you overseas for training which means the company considers you as a valuable resource and expected you to contribute better post-training. You have let down the company badly by taking this step of moving out without a formal resignation and also not serving the required notice period. This is definately is not acceptable from a mature professional. Moreover when you join other organisation in future there is a possibility that the feedback may get relayed to your new employer and you can very well understanding the repurcussions of negative feedback.

I would suggest you should meet a senior management member and also HR. Please explain your side of the matter and seek advice if the issues can be sorted out. In case a amicable way cannot be worked out please resign formally and serve the notice period (if insisted by the Management) and take a proper release.

Currently the company is in a position to take strong disciplinary action against you. Please try to handle the situation in a amicable manner.

- Gia

Please talk to the lawyer at your earliest. Have you ever communicated with your employer about your clearance , before ? What about the laptop and other company properties , if issued to you ?
You need to send them a registered letter , stating the buyout. But before that, please consult a lawyer.
Wish you all the best !

I am curious what is the letter they sent to the passport office. Can you post a copy here ? Or mail me separately ?
I completely agree with Gia.

The way you acted and resigned after an argument with the Manager without taking care of the Employment conditions/terms (Resigned without serving notice period which is a condition according to the appointment letter; A mutual agreement between Employee and Employer) and the chances you provided by them to go outside for some training which certainly be gonna very useful to you in your career, is actually a big mistake which is moreover not ethical and not acceptable in professional terms.

You have not shared your problem or what was that made you feel like to resign but you must have not forgotten that your employer sent you outside India for some training which is a kind of investment but you let them down by resigning. Can you imagine the loss they have to bear? You were a valuable resource for them and they were expecting something good returns of this investment onto you. You know this training gonna be added you skills to develop your career with more good options but as of today, they are under loss and just because of you, moreover, you are claiming money from them which is not ethical and acceptable to them. You don't have right to ask for money as you have not served your notice period, though, abusing or misbehaving by the Employer with whatever reason or in any conditions is not acceptable either.

The very best solution of your problem, I second Gia, would suggest you to speak to them. You can sort it out by accepting your mistakes and apologies. Buyout of your notice period can help you to overcome this problem too but if you still forced to take legal help, I required the copy of legal notice issued to you first, and thier responses for stating further ..rest after your response...

Be Well

Hello Shanzz28,

I hope you got the gist of the options open to you @ this moment from the other members who gave you apt suggestions.

However, I think you have NOT mentioned ALL the facts of the case/situation.

1] Your mention about the company's actions ["I recieved a notice on company letter head that a police complaint is made against me and also same kind of letter being sent to passport office"] betrays something that you haven't mentioned. Why should any company file a Police Complaint--did you, IN THE HEAT OF THE MOMENT give any indication [IF NOT outright 'threat'] that you won't return any of the company assets OR send some sort of communication to the client from where they were expecting the project when you had a tiff with your manager? And why should they write to the Passport Office at all--what is their locus standi? Does it point to any story reg your Passport?

2] How many years experience do you have?

3] Despite other members pointing it out, I can't help but reiterate a glaring aspect. You mentioned ".....why they are taking it up to their head....." forgetting that you did the same in the earlier phase of the case ["I even stopped going to company the very second day"]. The company only seems to be responding to YOUR behaviour--pl note that the 'right' or 'wrong' aspect ISN'T the issue here.

Coming to the options open to you, Gia's suggestion ['you should meet a senior management member and also HR'] is IDEAL. BUT......and this is a BIG BUT........I am not sure IF this will work in your case for TWO reasons.

1] You still seem to think that you have DONE NO WRONG & the company is out to get you. With this mental outlook, I am not sure if you will make a sincere effort to resolve the issue OR COULD only aggravate it.

2] You already seem to have hardened the opinion about you vis-a-vis the senior officials of the company [".....GM and director regarding this and they started abusing me verbally on phone"]. The provocation from your end MUST HAVE BEEN quite severe for officials @ this level in a MNC to 'react' this way--usually they 'respond'--HOPE you understand the difference.

There's no clear mention of any resignation from your end OR any request from the company's end.

I think your IMMEDIATE ACTION-PLAN should be this: pl send someone to mediate ASAP TO FIRST COOL THE SITUATION. Any discussion about the other matters can follow.

The more important thing is: Suggest you swallow your pride in this instance & PL LEARN TO CONTROL your temper....else things could get much more ugly in your career.

All the Best.

Rgds,

TS

Thanks everyone

I have tried every means to apology and solve the matter. When it is clearly written in appointment letter that either serve for 3 months or pay salary in liue. So I am choosing the later option but i need to have some proof in the form of relieving letter or something.

Also if HR has sent me the mail considering all full and final calculations then there is no point that the have not accepted my resignation. Also the training expenses included in the notice are just 1.5 lakhs, rest of the money they are claiming is for delay in project. It was a kind of plant visit not actually sme training, again I would like to add that I was accompanied by two more people and they are still working there. I would also like to tell you that Its an chemical manufacturing unit.

I dont possess anything of company. I am having atotal of 6 years of experience.

I am ready to settle by paying notice period that I am liable to pay. Offcourse I signed no bond regarding training, if they have intimated me of any bond then I should' nt have gone to that one week visit/training.

Kindly suggest they can move to court, when legally they dont have any proof/bond signed by me

Well as you have shared some more information about your case and highlighted some valid points, first, I would ask you to share copy of legal notice issued to you and details of Police complaint because this can only enable us to say what action you need to take against action taken by them or what they can do.

Second, you still have not shared what been informed to passport office by them, and what legal notice issued to you, is saying, but with my understanding and knowledge of this kind of cases, allow me to say that there no complaint can be file to passport office or police against you as you have not done any crime by resigning. Moreover, you have never signed any agreement/bond that forces you to obey or can ask you to go outside India. Therefore, there is no breach of agreement and you are ready to ‘Payout” which is allowed as per the terms and conditions of appointment/employment letter.

Third, you need to write a letter or try to meet your MD personally (If still have not communicated with them) by referring your resignation with reasons of it (complete details of argument with Manager and actions taken by them against you) and request to relieve you.

Dear sir

The MD/Director of my company is the only person who has initiated all this. I had called him personally but he's not ready to listen. Then I started communicating with HR and they replied me with the amount equivalent to my three months gross salary. They have also made deductions into that like LTA, salary on their side etc. But when I asked about my relieving letter confirming that I will pay back the amount, they sent me a legal notice from lawyer consisting of huge amount. I am attaching a copy of complaint.

the legal notice says

Dear Mr. X

This legal notice is served you with the instructions and on behalf of my client Y

1) That you were appointed as Executive process vide your letter of appointment....As per clause no. 6 of your appointment letter you are required to give 3 months notice before leaving the company or 3 months salary in lieu of notice.

2) That my client company sent you abroad for training in consideration to your career as well as technical growth. You were imparted the technical and process knowhow, with the consideration that you will serve the company of my client for two years and shall not disclose or not divulge to any person firm or company, whatsoever any information acquired by you concerning to the operation, process of manufacture, business practices, and affairs etc which you acquire during the training and services with the company. My client company spent Rs 1,50,000/ for training abroad specifically for your career growth and technology upgradation.

3) That on dated.....you left the company without informing your superiors or giving physical charge of the documents, equipment and other accounts which were in your possession. You have left piece of resignation without giving proper notice(3 months) nor surrendered notice pay equivalent to 3 months salary, and not presented for duty inspite of my client's notice dated....

4) My client has specific information that you have joined services of company which has familiar business operations and given strategic information, process operation details and knowhow which you acquired during your training abroad. For your above acts and omissions, my client company suffered huge losses and have a great setback in implementation of the new plant which is under errection. This way my client suffered the following losses on your account:

For training abroad 1.5 lakhs

Losses incurred on account of process knowhow and delay in project 5.0 Lakhs

Cost of equipment which were in your possession and not handing over

charge to my client's company 0.0 Lakhs

Notice pay 1.33 Lakhs

court fee 54,869/

Legal Fee of advocate 21,000/

By this notice you are hereby asked to deposit Rs...... to my client's company within 15 days from date of issue of this notice falling to which my client shall have the right to recover the above liquidated money from the legal course of action through court of law from legal court having the area of jurisdiction

I am ready to go for point no. one as I have already initiated talks regarding that.

Point no. 2 says, they considered that I will stay for 2 years, but I was never intimated regarding this before going abroad nor they made me sign any bond or agreement. I know I was considered valuable that's why they gave me the opportunity but at first place I have worked hard for 2 years then they have considered me. Moreover some people have talked about the ethics, its only the employee who knows what kind of management or people he is wroking for. What kind of company it would be who started sending threat's on a very second day employee stopped coming.

Point 3 is totally a deviation from there own words, it says without handing over the possessions and in final calculation they have clearly mentioned 0 amount for that, it means I don't possess any document or anything of company.

Point 4 doesn't have strong evidence though I haven't joined anywhere they are presuming illogically and if they have so kind of secret technology why they are not mentioning a clause of not joining any concerned company or client company.

Now I just want to settle this all. i just want to know is it that easy for a very small organisation to go to court. And if yes then in my case do they have any chance of recovering such a huge amount from me, just on the basis of what they put up in legal notice.

Hi Gia.
Further to the above members contributions I would only add:
It appears to me that you do not wish to return to this company, if that is the case then you should immediately send them an amount that you think is correct.
The reasons for this is; if the case goes to court the fact that you have repaid what you believe to be correct will stop any interest being added by the court,(which the company is entitled to). It also means that the monetary issue is negated, allowing you to concentrate on letters being sent to the Police and Passport office, etc.
Your version of events will carry slightly more weight with the court, in that you acknowledged your breaches and recompensed the company.
Do not be fooled into thinking that the size of an organization matters when it goes to court.
ANY legal entity (individual or corporation) can make an allegation and go to court for redress.
In any case you should take legal advice.
Regards,
Harsh


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