Unexpected Job Switch and FIR: How Should I Handle This Employment Dilemma?

I have recently joined an MNC for a hefty package. However, on the joining day, they informed me that I would be working for another company under the payroll of this MNC. I had already signed the agreement on the joining day. Since I do not wish to work for another company under the payroll of this organization, I decided to abscond from the first day. My username is not activated, and I haven't created or updated any bank account, but I was given an employee ID. After two days, I received an email stating that I didn't pick up their call, or my mobile was switched off, so they filed an FIR as a missing employee.

Agreement Terms and Consequences

In the agreement, it was stated that in case of absconding or leave of absence, I should serve a notice period of two months or pay the amount, and it is left to the employer to decide on that. Please suggest what I should do next. I have already joined another organization and completed three days.

You should not abscond. You should go back and submit the resignation letter. What are the terms in your appointment letter about separation? Please update so that you can get the right solution.

I have already absconded and joined another MNC. In the previous MNC, I attended only the joining day. The separation clause was already mentioned in the discussion.

It is really very bad that you chose to run away in such an unprofessional manner rather than handling the issue in a more professionally mature way. Don't worry, people can't just walk into a police station and file a missing persons report. Not joining a company is not categorized as a crime under the IPC, so they cannot file an FIR as they claim they can. You don't have to worry about anything as they are bluffing about filing an FIR. I believe you would be on probation, so the serving of a two-month notice won't arise.

Regards,
Octavious

Thank you for the reply. Can they take any legal proceedings against me as I didn't inform them formally? Will it affect me in the future if I choose not to disclose this experience in my career? Do they update this information in any third-party centralized tools? Will it have any impact on my visa or any onsite opportunities?

Please let me know if you need further clarification.

Understanding Employment Contracts and Probation Clauses

Please note that an appointment letter is a form of contract, and a breach of any contract is an offense enforceable in civil court.

Clause for Probationary Employees

What is the clause for a probationary employee? Generally, it is given as: "During probation, the employer can terminate the employee at any time without giving any reason." If it is written like that, then there would be no notice period.

Legal Implications of Double Employment

Regarding the law: Double employment is a punishable offense. If your employer files a suit in civil court, then you will land in a problem. So, just go and give them your resignation. Complete all separation formalities like clearance. Please never do this again with any other company.

As opined by Raghunathan, you may send a resignation letter and state therein that you were given an offer to work with XXX company. However, it was only after your joining that you came to know you had to work for YYY company, which you would not like. You should mention that consensus ad idem (meeting of minds), an essential element of a valid agreement, was not present in the contract of employment signed by both of you, rendering the contract invalid.

As said by Octavious, an FIR cannot be filed in such cases, and the right to choose the employer lies with the employee.

Madhu.T.K

You made a mistake by absconding without any intimation, which is unprofessional. The question now is how to correct this situation. Since you are apparently in software, remember that you could be blacklisted on the NASSCOM skill registry, which may cause issues for you in the future. Therefore, it is important to ensure all your paperwork is in order.

I will await the opinion of our seniors on whether the matter should be disclosed to the employer from a strategic standpoint. First, you should draft a letter to the employer stating your refusal to accept the employment. Clearly outline that the terms of your recruitment differed from what was presented on the joining date. You believed you were to work for XYZ company, but upon joining, you were informed you would actually be working for ABC, which does not interest you. This misrepresentation of the terms of employment breaches trust, and as a result, you are not interested in continuing with them. Additionally, mention that you raised this issue with HR, but it was not acknowledged.

In my opinion, this provides strong grounds to terminate the contract without serving the purported 2-month notice period. The filing of a missing person FIR is concerning. If they have indeed filed it, they could face legal repercussions for misusing the criminal justice system, and the manager could be arrested for knowingly filing a false FIR.

However, the potential reaction of your new employer upon receiving a notice or email from the previous employer is uncertain. It is important to handle this situation delicately and professionally.

Dear Umapathh, the company has accepted that you have absconded and have been willfully absent from the job. They have understood that you will not be working with them and so they have sent you a letter demanding money in lieu of your notice period.

As they have sent you a notice, it is safe to conclude that they have accepted your exit from the company, thus assuming a deemed acceptance by the company of your illegitimate exit. Coming back and demanding money would pose a certain amount of a problem for the company because if the company demands the money, it would mean that they, under the disguise of penalizing its employees, are illegally enriching themselves.

No, it will not cause any visa issues for you. Involving a third party to cause trouble in your profession and social life would amount to defamation and a violation of your rights guaranteed under the Constitution of India and various other laws.

Professional ethics demand that you send a resignation letter, but doing that at this stage would cause trouble for you, especially when there is deemed acceptance of your illegitimate exit by the company through the notice demanding money in lieu of two months' notice.

Further filing a civil case would mean additional costs and a long-drawn process, and hence the company would avoid the same. But if your illegitimate exit has become an ego issue or if they want to send a strong message, they might file a civil case against you. Even then, the chance of the company winning the case would be very minimal.

Regards,
Octavious

I think he should send a reply stating that he has refused to accept employment with them as they have changed the terms of employment, hidden critical facts from him, and that it is unacceptable. Furthermore, since they have breached the terms on which he accepted the job, he is not liable to serve the terms of the notice period. Keeping this on record should help, I think.

During the visa process, the embassy generally checks for any existing cases against the applicant and in most cases, denies the visa. Allowing the matter to go to court should be avoided.

They have sent an email stating that they have registered an FIR for a missing employee. However, they have not yet accepted my resignation or exit since I have not formally communicated either by email, tool, or orally. I simply absconded when I found out that I would be working for another MNC under the payroll of this MNC.

Regards,
NivazDeen.

You can either wait for them to react, or you can send them your resignation letter. As they have made a false claim of FIR, I believe you should wait for some more days. If they don't act or react, then forget the entire chapter and move ahead in life.

As mentioned earlier by me, there won't be any problem in your visa process and your future employment, provided they don't file a civil case against you, which, going by their act, I don't feel they would do.

I believe instead of sending them a resignation letter, you should write a letter withdrawing your acceptance of the offer made by them, stating that your consent for this employment contract was obtained with deceit, and the deceit was understood only after you were introduced to the internal policy and procedure governing this position.

By claiming that your consent for this employment contract was obtained by deceit, you would put the entire terms and conditions of your employment contract with the company in jeopardy. Thus, you would nullify the entire contract and also challenge the entire contract, thus avoiding giving two months' salary in lieu of the notice period.

But for the love of God, please do not engage yourself in such activities and abstain from such unethical and unprofessional attitudes towards your work. What you do defines you, so you as a professional must act in a mature professional all the time under any circumstances.

Hope you might have learned your lesson from this incident.

Regards,
Octavious

Professionalism in Job Transitions

At any time, absconding from any job is not a professional or ethical practice. Whatever your problems, you should face them and exit gracefully. Now that you have already done this, there is no looking back. The only potential issue may arise if they find your new company and inform them of your unprofessional behavior, which could result in your immediate termination. Have your reasons ready for your exit, and if the new company inquires, respond appropriately.

Best Regards,
Dolphy

Multiple Identities and Professional Conduct

Any reason for these multiple identities, Anonymous/NivazDeen/Umapathh? I am not sure of your experience level. If you have just entered your career, then it could be presumed that your actions—absconding, etc.—were plain immaturity due to a lack of experience in the real world. However, if you already have considerable experience, your actions can only point to the hell-may-care/arrogant attitude that you exhibited.

No one would insist that you need to accept the changed terms of employment on the day of joining. However, basic professionalism, as well as ethics and courtesy, demand that you convey your feelings/views to the company. Just because the company didn't follow the agreed-upon terms doesn't mean that you can just walk away. Maybe, at least now you won't ever repeat such a thing again in your career—sometimes it does take a few knocks to get things into one's head.

Company's Pressure Tactics and Legal Implications

Like the other members pointed out, the company's version about the FIR is just a pressure tactic except...repeat except...under either of these two situations: (1) you took away some company property [whatever it may be] while walking off in a huff, or (2) the company cooked up some theft against you to...from their perspective...teach you a lesson and make it an example to other employees.

The reason why I am not ruling out (1) above is basic human psychology [let me caution you not to come to any conclusions here—I am pointing out the possibilities and not what could/would have happened]—when someone who can walk off in a huff without showing the basic terms of disengagement is also prone/capable of doing what I mentioned...just to spite the other guy/entity. I have seen it happen.

Advice on Handling the Situation

Regarding your response, I am with Saswata Banerjee in this regard—it's always better to keep things on record—especially in situations where things have taken such a turn. If you don't do so ASAP, there's always a chance this lack of communication from your end can be used against you later if and when things turn nasty—better to take precautions than be sorry later.

However, the point Octavious mentioned is also valid—all you would need is to choose your wordings carefully that both cover your position as well as don't give any chance for the company to take advantage.

All the best.

Regards,
TS

Your trouble will arise if you informed the present company of your job status at the time of joining.

Solution:
Send a resignation letter stating that you had applied to work in that company only, not in any other place, and that you had signed to be on the job for sustenance.

As others have advised, please be aware that in a globalized scenario, professional ethics and etiquette are given significant weight.

Regards,
Iyer R N

HR Communication and Employee Assignments

In Umapathi Dhanraj's case, why did the HR fraternity not inform him of the changes well in advance and provide him with time to rethink the new assignment? This is a very strange situation faced by Mr. Umapathi. We did not place ourselves in his position; he might have proudly told his friends and relatives that he was joining this reputed MNC in this position. All his dreams were shattered when he was given a different assignment. In my view, he did the right thing by securing his job first and rejoining his previous company.

HR's Role in Employee Grievances

How can the HR department of the MNC advise lodging an FIR for being absent from work, instead of reaching out to him and his references? I am also curious to know from experts, if the HR department is unable to resolve employee grievances, is there a need for HR personnel in the industry?

Dear Umapathi D,

We have seen many posts relating to 'absconding' from both the employers' side and the employees' side as well. Almost all suggestions here stress that no one should abscond; rather, they should properly submit their resignation papers and handle the separation amicably. In your case, although you might believe it is acceptable to just slip away without any trace, it is not a healthy practice. You should have properly documented your dissent and resigned formally.

Now, the situation has escalated to involve the police. This may end up causing you sleepless nights. I am not aware of any actions you have taken since learning about their steps. Given the circumstances, especially with the police involved, it may be advisable to consult a competent advocate to proceed according to their recommendations.

Regards.

According to Saswata Banerjee, you will be blacklisted on NASSCOM's skill registry for absconding. My question is, can the company do this despite contract violations and offering something other than what was agreed upon? Does NASSCOM proceed without analyzing the real issue before blacklisting a candidate?

I am not convinced by the reply, particularly the manner in which it was posted by Avinash Dhomse. It seems that many of us who have provided advice on the matter are deemed irrelevant, and only the reply given by Avinash should be followed. For further queries related to it, Umapath Dhanraj should contact him privately via email. This implies that we have all given incorrect guidance, and our advice should not be followed.

Difference of Opinion on the Solution

Regarding what Avinash has said about the solution, I also have a difference of opinion. Not sending a resignation letter and not accepting letters from the previous company will not make any difference. If he does so, I feel that it would be conclusive proof that the employee has abandoned the job. Our intention here is to avoid such a scenario and ensure a proper departure.

Purpose of the Forum

I would also like to emphasize that this is a forum where solutions are reached through brainstorming. Additionally, I would like to state that this is not a platform for canvassing clients.

Regards,
Madhu.T.K

NASSCOM Skill Registry: An Overview

The NASSCOM Skill Registry does not verify anything but simply accepts what is added by employers (NASSCOM members). It's a voluntary database, and therefore there are no statutory rules, only what NASSCOM applies internally. There must be an internal grievance handling procedure, but I have not heard of anyone using it. If ever challenged in court, I suspect the database will be dismantled since there is no natural justice. NASSCOM, while being a private organization (Union of employers), could be liable for conspiracy to deny the right to employment. However, no one has the money or time to take up the challenge.

I agree with Madhu TK's remarks regarding Avinash Dhomse's suggestions.

@ Avinash Dhomse—

Please note that the thread initiator has NOT QUIT, as you mentioned. HE ABSCONDED, which is a significant difference.

Also, those with some experience in this forum would know that the inputs/info by any thread initiator would often be EITHER incomplete (due to the inability to judge what to mention and what not to) OR partial (by intent).

I have a "very strong feeling" that this thread initiator has purposely chosen to give ONLY those facts of the case that suit or affect him (falling into the category of "what I said is completely true, but not the complete truth"). There are three reasons for this:

1. He used multiple aliases—not an issue per se, but he hasn't bothered to give reasons.

2. Where has he been since his last posting on 11 Oct when all the members have been spending time focusing on giving him actionable solutions/suggestions?

3. He says it's an MNC. MNCs usually have very clear methods/processes for handling any escalation of issues—this one leading to the filing of an FIR—especially when possible actions lead outside the Company. Was this initiator being economical with the truth or giving HIS version of it?

I also believe it's only fair to bear in mind the original intent of this forum—that of sharing issues/problems ALONG WITH their solutions—so that everyone can benefit.

Saswata Banerjee is right about NASSCOM—like with any facility, some companies do misuse NASSCOM too. Until someone takes it up.

Regards,
TS

Thanks for your replies. I decided to go with Octavius by dropping the mail for revoking the offer, and I communicated to them orally my unwillingness to work for the other company. There was no follow-up from the other company, and I ignored that chapter.

Regarding Aliases

I got those questions in an email from my friend and I copy-pasted without removing the signature. I tried to edit but was not able to do so. So, I changed the status to anonymous.

This is, of course, my version of the story that happened, but it is the one that actually happened. I am still waiting for their reply to proceed further, but there is no reply as of now from their side. I will keep everyone updated when I get a reply. Once again, thanks for your valuable time.

The Importance of Truthful Engagement in Forums

While this forum is primarily focused on the exchange of knowledge and ideas, we are also interested in understanding whether we are genuinely helping someone or just discussing hypotheticals. Otherwise, I could create a new case study every day for the forum to discuss.

It is beneficial to be truthful, provide all necessary information, and post in a manner that makes the members feel it is genuine. Posting someone else's query as your own or using multiple names does not reflect well. Anyway, I hope you have received the answers you were looking for.

I am sorry that I am only able to give my comment now on this topic as I have just seen this thread at this moment.

In my opinion, Umakanth did not abscond as he did not join the original company. Absconding can only happen when you work in a company for at least a day. In this case, he seems to have signed an appointment letter, which would mean agreeing to all the conditions mentioned therein, but he has not joined the job itself. Hence, the said company cannot file a missing person's complaint as he has not become an employee, i.e., working with the company for at least a day.

However, professionalism demands that Umakanth informs the previous company that he has already joined another company and the reason why he has not joined the company which was offering him third-party work.

Regards,
Srinivas

I do not understand why one should abscond when there are options before oneself regarding not accepting the job. If you are told that you will be on the rolls of a particular company A and will be working for them, and the offer/appointment letter also states that clearly, you can always take up the matter and tell the concerned people that their actions are unprofessional and they have misled you into signing the offer/appointment letter. Then you have a case of quitting the company as per the rules agreed.

Whenever one gets an offer letter or appointment letter, please read and understand everything that is printed out there and then accept. Also, make sure to clarify every aspect of the employment (like this one where one was asked to work at another company while being in the roles of another) and make it clear to them about your concerns too.

Use the option of making public the unethical and unprofessional work culture of the company by revealing it to the public, wherein at least some other prospective employees won't suffer on account of lack of information. Such companies will definitely lose talented employees - current and future.

There is nothing to fear when you get a notice. They are trying to arm-twist you or push you into doing something more foolish. You can consult a lawyer who specializes in Labour Law and related matters and approach the labor department. The best thing to do is to send in a resignation letter and state the facts - based on which you had joined them and how they misled you into signing it - hence your resignation. Before pointing a finger at the company, read all the clauses in the appointment letter and verify if they have said anything about your being posted to another company to work while being in the former's rolls. At least from now on, read, understand, and if you are satisfied, only then join any company. There are hundreds of such black sheep MNCs out there who exploit employees. Do not forget that there are thousands of good Indian companies too who are ethical in their approach and work culture.

I have seen many companies during interviews want the employee to join immediately and leave their current job on a day's notice. But their own offer letter always states that the notice period to be served in case the employee wants to quit the job is generally around 2-3 months. Always ask them bluntly why this clause in the offer/appointment letter while they expect you to quit the current one instantly to join them and ask them to reduce it to the same on the terms they asked you to join them or fix it to a 15-30 days period. If they are not willing or flexible, say goodbye right at that stage and walk out. Do this while you have a job in hand. Do not resign in haste because the other offer is mouthwatering.

Regards

The only difference of opinion I have with this post is that he should not send a resignation when he didn't actually join. Instead, he should reply to the notice saying he didn't join on account of a change in service terms from the offer.

Hello Ms. Saswata Banerjee, the thread has generated an interesting long debate. If you may please see the beginning of the thread, he has joined the company as seen from his own words in the first sentence:

"I have recently joined an MNC for a hefty package. But on the joining day, they informed me that I will be working for another company on the payroll of this MNC. I have already signed the agreement on the joining day. Since I don't like to work for another company on the payroll of this company, I decided to abscond from the first day..." - attribution https://www.citehr.com/508717-i-got-...#ixzz3HKkppjlM

The third sentence also reinforces it. He mentions that he signed the agreement on the joining day. In this case, "joining" is as per the documents, even though it may not be physical presence and work.

Regards, V. Raghunathan