Stuck Abroad: Can I Leave After My Notice Period and Get My Dues?

Hi,

Sorry for the repost; I posted in the wrong forum earlier.

Background: I am working as a senior software engineer in a Bangalore-based IT company with a staff strength of 1000 employees. I agreed to travel to Africa for a period of 2 months on a business visa and traveled in February. This was 8 months ago. Now my company is not ready to bring me back. They make me travel to a neighboring country and return within 1 day when my visa term expires (every 2 months). The immigration department here has caught me twice (as I am not allowed to work here and have been here for 8 months), and I bribe them to get away. Since I have no option to come out of this trap, I resigned.

I have signed a 2-month notice period with the company (as per my appointment letter). This was never revised, nor was there any communication regarding a change in it. Now, after 50 days of notice, when I asked my company to provide me with my relieving date, they are telling me that as I am deputed abroad on an assignment, I need to serve 3 months. This 3 months is not in my contract or anywhere in the company policies.

Can I leave after my notice period is over? And what can I do to get my salary, PF, and relieving letter? Any help is appreciated.

Anir

Thank you for your reply. Yes, I am on an official trip. I came to Africa in February and have been deployed here at a client's place. I am still in Africa. My trips to neighboring African countries (just to renew my visa) are not considered official, as I just go there, stay for a day, and re-enter. However, my company categorizes them as official trips.

Do you have a copy of the agreement which states a 2-month deputation or any hidden clauses in it? Please check and revert. Also, check the terms and conditions of your appointment letter. See whether any conditions pertain to mutual concerns of employment.

Thanks, I checked it. There is a clause which HR made me aware of today that makes me liable when I'm deployed on an overseas assignment. The clause says I can't terminate the contract while on an overseas assignment or within 3 months after my return. So I guess I can't do anything about it.

Now, the situation is that I have traveled on a business visa, which prohibits me from working and allows me to stay in the country for a maximum of 2 months for business purposes (meetings/presentations, etc.). My company is making me work here, and it's been 8 months. They send me to a neighboring country and back to renew the visa. The problem is, I cannot terminate the contract while overseas (as per the contract) and would be forced to stay here indefinitely if I do not terminate the contract. Additionally, staying here and working is not legal, and I could get into trouble if caught by immigration. I have already faced this situation twice but managed to get away by bribing them.

Is there any legal recourse for me to leave this country?

Thanks in advance!

What you are doing is illegal. If that particular government knows this, you will be in trouble.

Better inform your management that you are interested and you want to come to your hometown. If they are not in par with you, wait for the next turn to renew. In that time, block your tickets to your hometown and come down to inform your management about your return.

If you renew it again in the next tenure, you will have to be there for 3 more months. Do it properly and in the right way to get rid of it.

It is better to try with a legal consultant before you do anything to be on the safer end.

HR will not take any action against you if you follow legal norms. HR is there to help employees and not to put you in trouble.

Thank you!!

Had a call with HR + Management. Informed them I want to come back as soon as possible as I can't be involved in this illegal activity anymore, and the same is the reason for my resignation.

They say they would consider my resignation (sent 40 days back) into consideration and will relieve me from the company and country when 3 months of notice are complete. But for that, I will have to renew my visa in the same way for 1 more time as it is expiring in 1 month. They are scaring me with the contract clause which says, "I can't terminate the contract while overseas and can legally resign only 3 days after I am back," and then serve notice to get relieved. So the option they are giving is a consideration for my concern.

This is definitely ethically wrong. But are they legal enough with this?

If you think that you are in deep trouble and there is no way to get out of Africa, as a last resort, you can approach the Indian Embassy in the country you are currently in. Still, keep it as a last resort.

Regards,
Rahul Chhabra

Hi,

The contract with the company cannot make you do illegal acts. It's a violation of contract law and I think it's also an unfit labor practice.

Legally, you have the right to walk out of there without notice, especially since your company is aware of the illegality. Courts will support you.

However, as we are all aware, courts mean a long-drawn process. Amicably settling with your company is more sensible if possible.

Since you have already been caught twice, it's dangerous to do it again. You may get jailed for a long time. I don't think they have a legal system that will free you quickly, and your company may just wash their hands off. In such a case, perhaps you simply need to book your tickets and return to India, accepting that you may need to fight long to get your dues.

By the way, there is a department of the central government that is taking action against wrong overseas employment practices of Indian companies, and your complaint may actually result in a ban on your company from future overseas contracts. That may be a negotiation leverage, but I would suggest you use that after you return.

Dear Anir,

In which country are you placed? I know a senior heading a Software Firm in Nigeria. I have messaged you his email id, so consider contacting him. He has been very good at guiding us. He would be able to share better information on immigration to Africa than me.

Regards,
Cite Contribution

Hi, Sorry for the repost, posted in the wrong forum earlier.

Background: I am working as a senior software engineer in a Bangalore-based IT company with a strength of 1000 employees. I agreed to travel to Africa on a 2-month business visa and traveled in February. This was 8 months ago. Now my company is not ready to bring me back. They make me travel to a neighboring country and return in 1 day when my visa term expires (every 2 months). The immigration department here has caught me twice (as I am not allowed to work here and I have been here for 8 months) and I bribe them to get away. As I have no option to come out of this trap, I resigned.

I have signed a 2 months' notice period with the company (as per my appointment letter). This was never revised, nor had any communication regarding a change in it. Now, after 50 days of notice, when I asked my company to provide me with my relieving date, they are telling me that since I am deputed abroad on an assignment, I need to serve 3 months. This 3 months is not in my contract or anywhere in company policies.

Can I walk off after my notice period is over? And what can I do to get my salary, PF, relieving letter? Any help is appreciated.

Anir

Thank you, Rahul/Saswat/Jkct15.

I will confirm whether what I am doing is illegal by consulting an immigration lawyer here in Tanzania. I will also verify if my company's HRs are incorrect when they claim, "All my past immigration records of 6 months are void as I have gone out of the country and reentered on a valid visa for 2 months, so nothing is illegal."

If the company still denies this after confirming the local laws, I plan to seek help from the Indian Embassy, leave the country, and fight the battle from India.

Thank you very much, Surendra/(Cite Contribution). That's really very useful information you all provided. I was so threatened by my company that I thought I couldn't do anything. Having a smile on my face after 5 months :) this help really means a lot to me.

(Cite Contribution) - I am in Tanzania.

Pavan - you are right, Cite HR really rocks! :)

Hi Anir,

As per your contract letter, you cannot resign from your duties, which is not valid. You can resign from your services at any time; however, you need to follow the notice period clause. If you serve and complete the notice period, no one can stop you from quitting.

With regards to the renewal of the Visa, request a legal document from the company (designed by the legal team) that provides details of your stay, reason, and duration. If caught in immigration, you can hand over this document. Moving forward, the officials will take it up with your company.

There's nothing to worry about; remain calm and talk to the legal officers of your client company to find more resolutions.

Hello Anir,

I guess you have got the PoA ready by now after all the inputs from the excellent Forum that's CiteHR, apart from the well-deserved peace of mind too :-)

First of all, reach out to the POE, contact the nearest Embassy (I think it's in Dar es Salaam), and take their guidance.

Maybe you should also think of contacting the media—basically one of the Indian TV news channels who have a presence in Tanzania—guess CNN-IBN should have someone there covering. Maybe even other channels too could have someone there—just do a Google search.

There are 3 reasons I am also suggesting this:

First, quite a few times the responses of the Indian Govt officials change (for the better) when they realize the media is on the scene. This could help you resolve things faster and ensure you don't get into further trouble—just imagine the scenario if the authorities get a whiff of what happened?

Second reason: No company will dare to stop any of your eligibilities—in your case, the Experience Letter, etc., if they realize the whole issue is going to the media. If you watch Indian news channels regularly, you know what I mean—what with so many scams being reported daily, but more importantly the changed responses of the primary actors in the episodes.

Third reason for my suggestion to approach the media is: in a way, you will help all the others in the long run who, in all probability, could be in a similar situation—without any idea of CiteHR. I know of cases such as yours in the Middle East, and that too with unskilled/semi-skilled workers. But IT guys in similar situations? Frankly, I get a feeling that we Indians use our great flair for 'jugaad' in all the wrong ways—finding the way out of any rules—and your company seems to be one of them, with Satyam Ramalinga Raju being the Super-Grandmaster, of course.

Right now, THE FIRST PRIORITY FOR YOU IS TO GET OUT OF THERE ASAP—REPEAT ASAP. Now get going, Anir—and rest assured that everyone @ CiteHR will do all that can be possibly done at this end.

All the Best.

Rgds,

TS

Thanks, Gaurav. My notice period clause is very clear, and I am okay to serve it from here. It's the termination clause that gets me stuck here.

Notice Period Clause - Upon completion of the Probation Period and issuance of the Confirmation Letter, the notice required to be provided by either Party for termination of the Employee's service with the Company will be Sixty (60) days. In the event that the Employee joined as a confirmed employee, the notice period from either side will still remain Sixty (60) days from the Commencement Date. The Company reserves the right to adjust unavailed leave or monthly salary with the required notice period. The Company may waive the notice period at its discretion. In the event that the Employee leaves his/her Employment without giving notice, he/she will be liable to pay the Company an amount equivalent to Sixty (60) days' salary, or the Company shall have the right to set off such amount from any amount that may be due to the Employee.

Termination Clause of Contract - The Employee understands that he/she may be called upon, during the course of the Employment, to render services to the Company's Customers at locations outside India. In such event, all expenses related to travel, boarding, and lodging with regard to such overseas travel will be solely met by the Company. In consideration of such expenditure by the Company, the Employee agrees that he/she shall not have the right to terminate the Employment during the course of any such overseas assignment. The Employee further agrees that he/she shall not have the right to terminate the Employment for a period of six (6) months from the date of completion of such overseas assignment. The Employee agrees that, in the event he/she terminates the Employment for any reason whatsoever prior to the expiry of six (6) months from the date of completion of such overseas assignment, without prejudice to any other provisions of these Terms, the Employee shall become immediately liable to reimburse the Company for any and all expenses incurred by the Company related to the Employee's travel to such overseas location, boarding, lodging, transport, any per diem/other allowance, and any other incidental expenses incurred by the Company with regard to the Employee's overseas assignment, except in the event the Company, in its sole discretion and in writing, waives such expenses.

Hello Anir,

It's good that you have posted the 'ad verbatim' of the Notice Period & Termination clauses of your Offer.

So far, I think you have been looking at your problem with respect to the clauses 'in isolation', while you need to look at ALL the clauses TOGETHER (even the court works that way--if it goes to that stage).

What comes out very clearly from both the clauses is:

1. There is no clarity on the resignation/termination norms if an employee resigns DURING THE PROBATION PERIOD.
2. Once an employee is sent on-site (overseas), there is NO WAY he/she can resign between the date of embarking until 6 months after return.

So what you did--by resigning while overseas--is wrong as per the terms of your Offer. Whether it's ethical on the Company's part to give such an Offer is a different question--and I don't think we are debating that aspect in this thread.

Looking at it in another way, even if your Resignation is accepted, as per the Offer you can't expect the Relieving until 6 months AFTER return--you can calculate the total service you would be putting in AFTER the actual Resignation.

The only way out, as far as I can see, is to get out of the situation you are in--since it's now much more than just following the Offer's Terms. Your situation is now mixed up with legalities of Tanzania as well as International laws--nothing to do with Indian laws, as of now.

The sooner you get out, the better for you. Focus on those lines--and I am more sure now than when I suggested earlier in the thread that it would be better to take some support--the Indian embassy AND the media--I wouldn't suggest any lawyer there as the first step, since there is every chance you could be taken advantage of.

Regards,

TS

I consulted an immigration expert lawyer yesterday to understand the law. He told me the following:

1. I have a valid CTA, so I am allowed to carry out temporary assignments in the country (meetings, presentations, etc.). Therefore, my stay here is not illegal. However, I cannot work full-time on the visa.

2. It can be seen from my passport records that I am misusing the law by extending the visa, traveling out and back within 1-2 days, and continuously staying in the country for months. If noticed, I could be deported.

My stance is as follows:

- I am willing to serve the 2 months' notice period while staying here (ending by the end of November). However, I am unwilling to stay for 3 months, as that would require me to travel out and back in once again.

- If my company insists on a 3-month notice period, I intend to leave the country on the agreed date, adhere to the law, and challenge my contract with the company. The overseas assignment they provided led me into illegal activities, which the contract cannot enforce.

I plan to be lenient because if the company is willing to waive the 6-month no-resignation clause, it would benefit both parties. However, I am uncertain about potential surprises my company may have for me once I leave, such as requesting reimbursement for all travel expenses and stays (accumulated over 8 months) as per the aforementioned clause. :(

Have someone at home check with a labor lawyer about the validity of the terms of your employment. I remember there are some Supreme Court orders that have invalidated employment terms on grounds of being restrictive and coercive. I think yours comes under that. Legally speaking, you would not be required to follow your terms of employment if it results in doing something illegal and in such a case, your terms and all conditions are no longer valid. No company in a sane mind will ask you to return the expenses and travel cost when they know that it will take an illegal or potentially illegal document to scrutiny of court and media.

Regards,
Saswata

Few more updates:

1. HR told me on the phone that there is an "internal document" (which is not shared with employees) that says my notice period is 3 months for employees placed onsite, while my employment terms state it is 2 months. He agreed to share it with me. While I hear another HR speaking in the background and saying it is 2 months and we have checked records.

2. When I communicate via email with HR to share this document with me, they tell me to talk to the reporting manager (and only cc HR) regarding any queries related to my relieving.

3. My reporting manager says it is an HR concern and emails me to be patient while my concerns are being taken care of. I am being trapped in a deadlock. All I want is to finish my 2 months' notice and escape from this place and my company on good terms. By creating confusion, my issues are being delayed in the same way they made me stay here on business and work, saying the work visa is being taken care of.

Hello Anir,

The sooner you realize that your company is playing football with you, the better. What would they gain by doing so? Unfortunately, there are many such companies in India, especially in the IT sector, that use such coercive tactics.

Please go through my earlier response. I had sort of expected some such trick when I asked you to consider seriously about going to the media. There's no point in telling your HR about it. Just go ahead and do it.

Additionally, consider the worst-case scenario: Is your company capable of telling everyone that it was YOUR decision to stay there and work on a Business Visa, especially in the light of the fact that they are now bluffing about the notice period being 3 months instead of 2 months? If they find out that you might be contemplating some drastic action, just think about it.

I only hope you have retained ALL the correspondence without deleting any of them. You never know what you might need later.

Regards,
TS

You go by the law and not by the term of your appointment. The term must be in conformity with the law and not vice versa. Inform your company in unequivocal terms that the company's terms and conduct are leading you to commit illegal acts. Let the company know that the terms are ultra vires to the law and cannot be implemented any further. Request the company to resolve the matter promptly. Until then, you will be returning to India, as the law does not allow you to stay in a foreign country illegally or through illegal means to continue. The responsibility will be on the company.

Thanks. Yes, all documents are retained. Surendra - I plan to not take any nonsense from them until my notice period is over (just 8 more days left). After that, they have no right to tell me anything. I have made this clear to them, but they do not seem to understand. However, I will not let it bother me.