Hi respected members,
I recently joined a job in a major IT company in India just 7 days ago. During the recruitment process, I was several times asked to find a suitable opportunity in my current location; however, I was told if I wanted to join this company, I would have to relocate. I wanted the job, and I agreed.
Now, after joining, I have found out there were other jobs in my desired location, but I was not told honestly, and this created a huge distrust in me for the company and my superiors. Now, I have received a job offer from another big IT company, and they are giving me my desired location. I want to discontinue and join this company.
Kindly think from an employee's perspective:
- I needed a job but wanted that in my desired location.
- The HR understood my necessity for the job and took advantage, choosing not to tell me about the available jobs in my desired location and giving me some other location.
- Now I feel that I have been cheated and could have been processed for the job in my desired location so that I could have been with my family.
Appointment Letter Clauses
I have signed the appointment letter, which says (in exact words from the appointment letter):
Annual Leave Section
In case you absent yourself from duty continuously without prior authorization, for 10 calendar days or more, you shall be deemed to have left and relinquished the service on your own accord, and such relinquishment of service shall be deemed as a repudiation of the contract of employment by you.
In such circumstances, the management will have the discretion of:
- adjusting salary against the notice period of such abandonment,
- presuming that you have voluntarily abandoned and striking off your name from the rolls of the company.
Notice Period / Termination
The contract of employment between you and the company may be terminated by either party by giving 90 days' notice or gross 3 months' salary in lieu thereof. However, release from the services of the company will be subject to the satisfactory handover of the responsibilities assigned to you.
In the event of willful neglect or breach of any of the terms hereof or refusal on your part to carry out the lawful instructions of any member of the company or being guilty of misconduct, the company may terminate your employment forthwith without notice.
Kindly let me know if I abscond from the job without giving any information to my superiors, what could happen—I have joined just 7 days prior, and no salary account has been created for me.
- Would several notices be sent to me, and would I be threatened with a civil case if I can't serve the notice period or pay the money?
- Would a company really pursue a case as I have served only 1 week and was so disappointed with their treatment that I want to take this step?
- If I join the other company, can it be considered an incomplete exit process, and would I have the risk of losing the other job too? I do not need any sort of letter because it's merely 7 days.
Kindly let me know what an employee/professional can do in such a scenario. An employee wants to take such a step only when he has no other option.
Regards,
Nichi
From India, Bangalore
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I recently joined a job in a major IT company in India just 7 days ago. During the recruitment process, I was several times asked to find a suitable opportunity in my current location; however, I was told if I wanted to join this company, I would have to relocate. I wanted the job, and I agreed.
Now, after joining, I have found out there were other jobs in my desired location, but I was not told honestly, and this created a huge distrust in me for the company and my superiors. Now, I have received a job offer from another big IT company, and they are giving me my desired location. I want to discontinue and join this company.
Kindly think from an employee's perspective:
- I needed a job but wanted that in my desired location.
- The HR understood my necessity for the job and took advantage, choosing not to tell me about the available jobs in my desired location and giving me some other location.
- Now I feel that I have been cheated and could have been processed for the job in my desired location so that I could have been with my family.
Appointment Letter Clauses
I have signed the appointment letter, which says (in exact words from the appointment letter):
Annual Leave Section
In case you absent yourself from duty continuously without prior authorization, for 10 calendar days or more, you shall be deemed to have left and relinquished the service on your own accord, and such relinquishment of service shall be deemed as a repudiation of the contract of employment by you.
In such circumstances, the management will have the discretion of:
- adjusting salary against the notice period of such abandonment,
- presuming that you have voluntarily abandoned and striking off your name from the rolls of the company.
Notice Period / Termination
The contract of employment between you and the company may be terminated by either party by giving 90 days' notice or gross 3 months' salary in lieu thereof. However, release from the services of the company will be subject to the satisfactory handover of the responsibilities assigned to you.
In the event of willful neglect or breach of any of the terms hereof or refusal on your part to carry out the lawful instructions of any member of the company or being guilty of misconduct, the company may terminate your employment forthwith without notice.
Kindly let me know if I abscond from the job without giving any information to my superiors, what could happen—I have joined just 7 days prior, and no salary account has been created for me.
- Would several notices be sent to me, and would I be threatened with a civil case if I can't serve the notice period or pay the money?
- Would a company really pursue a case as I have served only 1 week and was so disappointed with their treatment that I want to take this step?
- If I join the other company, can it be considered an incomplete exit process, and would I have the risk of losing the other job too? I do not need any sort of letter because it's merely 7 days.
Kindly let me know what an employee/professional can do in such a scenario. An employee wants to take such a step only when he has no other option.
Regards,
Nichi
From India, Bangalore
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Step-by-Step Recommendation for Handling Job Transition
1. Since you have only been in the organization for a week, please check the policies applicable to probationary employees.
2. Check with your future/prospective employers regarding the current state you are in and the support they can provide, considering there may be a background check, etc., applicable.
3. Absconding is interpreted in two ways: one, voluntary abandonment of service, which boils down to voluntary separation; two, disciplinary proceedings, which may result in separation again. Hence, avoiding the resignation route will only come back to you later with added issues. It is better to let your current employers know the issues you are facing and consider resigning on such grounds. You should talk to your HR/leader in the current organization and have an honest conversation.
Regards
From India, Chandigarh
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281. Since you have only been in the organization for a week, please check the policies applicable to probationary employees.
2. Check with your future/prospective employers regarding the current state you are in and the support they can provide, considering there may be a background check, etc., applicable.
3. Absconding is interpreted in two ways: one, voluntary abandonment of service, which boils down to voluntary separation; two, disciplinary proceedings, which may result in separation again. Hence, avoiding the resignation route will only come back to you later with added issues. It is better to let your current employers know the issues you are facing and consider resigning on such grounds. You should talk to your HR/leader in the current organization and have an honest conversation.
Regards
From India, Chandigarh
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
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