Facing Issues with TCS Over Onsite Agreement Breach: How Should I Handle This Situation?

With regards to this thread, I have faced a similar problem too. Can someone please share their experiences and help? I was deputed to the UK by TCS for 2 years. I was asked to return early this year. I had already applied for an HSMP and wished to stay back. Since my contract with the client was over, I went back to India, submitted my resignation letter, and had discussions with HR and managers. Of course, they were not willing to relieve me. I had to serve the 3-month notice period, which I could not do due to personal reasons. I then came back to the UK immediately. I inquired about LWP and later requested them to initiate the separation process. However, they mentioned a breach of the bond, etc., but I have not heard from them in 5 months. Today, suddenly, they have sent a letter to my home address.

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 learned.

Regards,
Cite Contribution

Facing Legal Challenges with TCS

(Cite Contribution) is right. You need to make a choice: whether you want to clear this obstacle and 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 sapping your energy as well as consuming a lot of your time.

Begin to learn to face the consequences of your actions, Bharti. Sooner is 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 temperament] 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 realize 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 yours and TCS's concerns, priorities, and interests in mind, you definitely wouldn't have landed in this soup. Also, please 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 and 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 meeting HR and try to get the amount reduced (please don't bank on this to materialize, but nevertheless 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.

Regards,
TS

Understanding Employment Terms and Notice Periods

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 the Appointment order/onsite bond (if any). If the notice period recovery is not explicitly mentioned, you may get a chance to take this up with a labor law expert.

If the notice period recovery is explicitly mentioned, your exit without proper notice can be considered a violation of the terms and conditions of the job. To reconcile, the company may accept compensation and relieve you.

I had also spoken to them initially about Leave Without Pay as, due to personal reasons, I couldn't join them immediately. After a while, my emails were blocked, and so was my access to the intranet site. I could have assumed I was on LWP. No intimation was received after that, and suddenly, I received the letter at home. I should have been sent an email or some form of communication indicating that they were going to initiate my separation process.

Dear Bharti, Employees just cannot leave the company as per their wishes and fancies. For every move you make in the company, there is an operational cost involved, known as the 'Hidden Cost.' The bond is signed initially so that you can know your limitations and abide by them. I guess the easiest solution would be to pay the money and get the relieving letter and a no-dues certificate. Otherwise, if legal action is taken, your UK visa might run into a bit of trouble, as cases against leaving without proper notice have become a serious issue in India. It's not a big thing for TCS to pursue a case against you. It won't be for the money but to set an example for other TCS employees.

Regards, Kevin