Hi All,
I was working with an CMMI level 5 company and due to some medical emergency in family I resigned and ask my management to relieve me early (asap) and I was ready to pay the amount of short days in notice period as per company policy. I have given proper handover of all my work to other team member and I followed all the policy and guidelines except 90 days hoping that management will understand problem and release me as there was no dependency on me or any critical task/assignment in my team/project on my side.
Below is T&C mentioned in offer letter which I had signed during joining the company:
3. Termination of Employment (a) Either party can terminate this employment by serving a notice of 90 days on the other. The Company may at its absolute discretion make a payment representing salary (basic) in lieu of notice of termination. However, for cause like misconduct, gross negligence, willful insubordination or disobedience, misbehavior or non-performance, XYZ Company. may terminate your services with immediate notice. The Company shall have the right to place you under suspension on subsistence allowance and benefits as applicable pending any investigation into potential dishonesty, gross misconduct, misappropriation, gross negligence, fraud or other circumstances, which expressly provides for termination of your employment which if proved, would entitle The Company to dismiss your services summarily. (b) In the event of your serving on The Company a notice of termination of employment by submitting a resignation letter, your release will be governed by the relevant policies in force at that point in time, subject to satisfactory handing over of your duties, responsibilities, Company documents, Company assets, etc. to the relevant parties. (c) In case of Associates who are governed by any other service agreement(s) for serving a minimum stipulated period, the associate will need to mandatorily fulfill requirements of Clause 3(a) along with applicable exit policy clauses under stipulated service period agreed to and provided therein. (d) Unauthorized absence or absence without permission from duty for a continuous period of 7 working days would make you lose your lien on employment. In such case your employment shall automatically come to an end without any notice of termination. (e) You will be governed by The Company's laid down Code of Conduct and if there is any breach of the same or nonperformance of contractual obligation or the terms and conditions laid down in this agreement, your service could be terminated as per the procedure mentioned in Clause 3(a) herein above. The Company further reserves the right to invoke other legal remedies as it deems fit to protect its legitimate interests. (f) Reference check will be made from your previous employers and other references as may be deemed appropriate. In case there is any adverse report against you which may be detrimental to the interests of The Company or if the information furnished by you is not true, The Company reserves the right to terminate your services as per the procedure mentioned in Clause 3(a) herein above on the grounds of misrepresentation of facts. (g) In addition to The Company's right to carry the above verifications, you shall fill in and sign the Criminal Disclosure Declaration Form. In the event you have been accused, charged and/or convicted for any criminal offence, at any time whether prior or subsequent to your joining The Company, you shall make full disclosure of the same and furnish all necessary documents in support thereof. In the event you have been accused, charged and/or convicted for any criminal offence, your joining shall be subject to specific written confirmation from The Company. The Company at its sole discretion reserves the right to terminate your employment as mentioned in Clause 3(a) or take appropriate disciplinary action against you or revoke this Offer Letter. In the event of suppression of any facts, The Company shall be entitled to take such other action at any time as it may deem fit. (h) The Company reserves the right to carry out banned/ illegal drugs/narcotic substance screening tests on you at any point of time during your tenure. You understand and acknowledge that this is a requirement and you have no objections whatsoever if such checks, banned/ illegal drugs/narcotic substance screening tests and verifications are carried out by The Company or a third party agency engaged by The Company. Arising out of such verification or check or otherwise, if it is detected that the information furnished by you in your application is mis-stated or is unstated or document submitted by you are not correct or banned/ illegal drugs/narcotic substance screening tests, results are positive, The Company shall, at its sole discretion be entitled to fore with terminate your employment as per the procedure mentioned in Clause 3(a) herein above and/or revoke your appointment with The Company, without further reference in the matter.
Please suggest what to do. How I can reveling and experience letter... HR is saying it will be absconding case and no letter will be given.
From India, Delhi
I was working with an CMMI level 5 company and due to some medical emergency in family I resigned and ask my management to relieve me early (asap) and I was ready to pay the amount of short days in notice period as per company policy. I have given proper handover of all my work to other team member and I followed all the policy and guidelines except 90 days hoping that management will understand problem and release me as there was no dependency on me or any critical task/assignment in my team/project on my side.
Below is T&C mentioned in offer letter which I had signed during joining the company:
3. Termination of Employment (a) Either party can terminate this employment by serving a notice of 90 days on the other. The Company may at its absolute discretion make a payment representing salary (basic) in lieu of notice of termination. However, for cause like misconduct, gross negligence, willful insubordination or disobedience, misbehavior or non-performance, XYZ Company. may terminate your services with immediate notice. The Company shall have the right to place you under suspension on subsistence allowance and benefits as applicable pending any investigation into potential dishonesty, gross misconduct, misappropriation, gross negligence, fraud or other circumstances, which expressly provides for termination of your employment which if proved, would entitle The Company to dismiss your services summarily. (b) In the event of your serving on The Company a notice of termination of employment by submitting a resignation letter, your release will be governed by the relevant policies in force at that point in time, subject to satisfactory handing over of your duties, responsibilities, Company documents, Company assets, etc. to the relevant parties. (c) In case of Associates who are governed by any other service agreement(s) for serving a minimum stipulated period, the associate will need to mandatorily fulfill requirements of Clause 3(a) along with applicable exit policy clauses under stipulated service period agreed to and provided therein. (d) Unauthorized absence or absence without permission from duty for a continuous period of 7 working days would make you lose your lien on employment. In such case your employment shall automatically come to an end without any notice of termination. (e) You will be governed by The Company's laid down Code of Conduct and if there is any breach of the same or nonperformance of contractual obligation or the terms and conditions laid down in this agreement, your service could be terminated as per the procedure mentioned in Clause 3(a) herein above. The Company further reserves the right to invoke other legal remedies as it deems fit to protect its legitimate interests. (f) Reference check will be made from your previous employers and other references as may be deemed appropriate. In case there is any adverse report against you which may be detrimental to the interests of The Company or if the information furnished by you is not true, The Company reserves the right to terminate your services as per the procedure mentioned in Clause 3(a) herein above on the grounds of misrepresentation of facts. (g) In addition to The Company's right to carry the above verifications, you shall fill in and sign the Criminal Disclosure Declaration Form. In the event you have been accused, charged and/or convicted for any criminal offence, at any time whether prior or subsequent to your joining The Company, you shall make full disclosure of the same and furnish all necessary documents in support thereof. In the event you have been accused, charged and/or convicted for any criminal offence, your joining shall be subject to specific written confirmation from The Company. The Company at its sole discretion reserves the right to terminate your employment as mentioned in Clause 3(a) or take appropriate disciplinary action against you or revoke this Offer Letter. In the event of suppression of any facts, The Company shall be entitled to take such other action at any time as it may deem fit. (h) The Company reserves the right to carry out banned/ illegal drugs/narcotic substance screening tests on you at any point of time during your tenure. You understand and acknowledge that this is a requirement and you have no objections whatsoever if such checks, banned/ illegal drugs/narcotic substance screening tests and verifications are carried out by The Company or a third party agency engaged by The Company. Arising out of such verification or check or otherwise, if it is detected that the information furnished by you in your application is mis-stated or is unstated or document submitted by you are not correct or banned/ illegal drugs/narcotic substance screening tests, results are positive, The Company shall, at its sole discretion be entitled to fore with terminate your employment as per the procedure mentioned in Clause 3(a) herein above and/or revoke your appointment with The Company, without further reference in the matter.
Please suggest what to do. How I can reveling and experience letter... HR is saying it will be absconding case and no letter will be given.
From India, Delhi
The sub-clause (d) comes down heavily against you - (d) Unauthorized absence or absence without permission from duty for a continuous period of 7 working days would make you lose your lien on employment. In such case your employment shall automatically come to an end without any notice of termination.
So the company is within its rights to presume that you have abandoned employment by wilful absence for more than 7 days which is an admitted position. But termination of your employment thus and non-issue of relieving letter and experience letter is another thing, there is no authorisation for the latter from the former. At any rate you are entitled to relieving letter and experience letter, but it may be mentioning the fact that your employment stood terminated for abandonment.
What is your leave position? You could request for adjustment of leave due with your notice period and pay off the balance.
Notwithstanding your contention that "I have given proper handover of all my work to other team member and I followed all the policy and guidelines except 90 days hoping that management will understand problem and release me as there was no dependency on me or any critical task/assignment in my team/project on my side", it is the satisfaction of the management as to serving of notice period that matters, and most management rely on literal interpretation of the requirement and decline any humanitarian perspective, lest it becomes a precedent and is quoted in non-genuine cases.
You can appeal to the good sense of the top management, perhaps that is only way forward.
From India, Mumbai
1530So the company is within its rights to presume that you have abandoned employment by wilful absence for more than 7 days which is an admitted position. But termination of your employment thus and non-issue of relieving letter and experience letter is another thing, there is no authorisation for the latter from the former. At any rate you are entitled to relieving letter and experience letter, but it may be mentioning the fact that your employment stood terminated for abandonment.
What is your leave position? You could request for adjustment of leave due with your notice period and pay off the balance.
Notwithstanding your contention that "I have given proper handover of all my work to other team member and I followed all the policy and guidelines except 90 days hoping that management will understand problem and release me as there was no dependency on me or any critical task/assignment in my team/project on my side", it is the satisfaction of the management as to serving of notice period that matters, and most management rely on literal interpretation of the requirement and decline any humanitarian perspective, lest it becomes a precedent and is quoted in non-genuine cases.
You can appeal to the good sense of the top management, perhaps that is only way forward.
From India, Mumbai
This case will fall under absconding ? I was unable to server 90 days notice period and other than that I followed everything and nothing pending from my side.
HR said they will raise abscond against employee.... they can in this case....?
What will be suggestion from you people to get F&F and experience letter from company.
Pls advise.
Thanks...
From India, Delhi
HR said they will raise abscond against employee.... they can in this case....?
What will be suggestion from you people to get F&F and experience letter from company.
Pls advise.
Thanks...
From India, Delhi
I do not think the clause D would stand as hurdle. As the terms says "Termination of Employment (a) Either party can terminate this employment by serving a notice of 90 days on the other. The Company may at its absolute discretion make a payment representing salary (basic) in lieu of notice of termination". Further, taking out charge from the hand of the employee is itself speaks the process of releving. As already the employee has offered to buy out the notice period. There should not be any problem but hard to belive the management role may turn favourable or un-favourable by twisting the clauses to harass. It is time for you to remain cool and deal politely with HR for smooth exit.
From India, Mumbai
From India, Mumbai
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