Hi All, I was working with a CMMI Level 5 company, and due to a medical emergency in the family, I resigned and asked my management to release me early (ASAP). I was ready to pay the amount for the short days in the notice period as per company policy. I have provided a proper handover of all my work to another team member and followed all the policies and guidelines except for the 90 days, hoping that the management would understand the problem and release me since there was no dependency on me or any critical tasks/assignments in my team/project.
Terms and Conditions from the Offer Letter
Below are the Terms and Conditions mentioned in the offer letter that I had signed during my joining at 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 causes like misconduct, gross negligence, willful insubordination or disobedience, misbehavior, or non-performance, Tech Mahindra Limited 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 that expressly provide for the termination of your employment, which if proved, would entitle the Company to dismiss your services summarily.
(b) In the event of you serving 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 the case of associates who are governed by any other service agreement(s) for serving a minimum stipulated period, the associate will need to fulfill the requirements of Clause 3(a) along with the applicable exit policy clauses under the 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 a 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 a breach of the same or nonperformance of contractual obligations 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 checks will be made from your previous employers and other references as may be deemed appropriate. In case there is any adverse report against you that 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 out 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 of any criminal offense, 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 of any criminal offense, 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 the 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 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. If it is detected that the information furnished by you in your application is misstated or unstated, or documents submitted by you are not correct, or banned/illegal drugs/narcotic substance screening test results are positive, the Company shall, at its sole discretion, be entitled to forthwith 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 can I obtain a relieving and experience letter? HR is saying it will be an absconding case, and no letter will be given.
Terms and Conditions from the Offer Letter
Below are the Terms and Conditions mentioned in the offer letter that I had signed during my joining at 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 causes like misconduct, gross negligence, willful insubordination or disobedience, misbehavior, or non-performance, Tech Mahindra Limited 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 that expressly provide for the termination of your employment, which if proved, would entitle the Company to dismiss your services summarily.
(b) In the event of you serving 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 the case of associates who are governed by any other service agreement(s) for serving a minimum stipulated period, the associate will need to fulfill the requirements of Clause 3(a) along with the applicable exit policy clauses under the 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 a 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 a breach of the same or nonperformance of contractual obligations 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 checks will be made from your previous employers and other references as may be deemed appropriate. In case there is any adverse report against you that 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 out 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 of any criminal offense, 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 of any criminal offense, 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 the 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 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. If it is detected that the information furnished by you in your application is misstated or unstated, or documents submitted by you are not correct, or banned/illegal drugs/narcotic substance screening test results are positive, the Company shall, at its sole discretion, be entitled to forthwith 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 can I obtain a relieving and experience letter? HR is saying it will be an absconding case, and no letter will be given.