I work at Cognizant Technology Solutions and I have completed six months by now. There has been an issue of non-performance and a security violation case against me. The company is now planning to terminate me. Is it possible for them to terminate me? HR is asking me to pay two months' salary if I need the experience letter; otherwise, he will not provide it. I wanted to resign, but HR does not want me to do so. Can the company terminate me based on these cases, and if so, can they let me go without providing documents like an experience letter or relieving letter? In the event of termination, is the company required to pay me the salary for the notice period?
Please advise.
Regards,
Pradeesh Chowraa
From India, Chennai
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Please advise.
Regards,
Pradeesh Chowraa
From India, Chennai
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If the company wants to terminate you, then it should conduct a domestic enquiry. The Supreme Court and a large number of high courts have ruled that the termination of an employee is illegal if a domestic enquiry is not conducted. If the company has evidence of non-performance and security violations, then what stops them from proving the misconduct of the employee? What is holding them back?
I recommend you not to put down the papers. Keep evidence at hand if someone from HR pressures you to resign. Record the telephone calls. Try recording the personal discussion as well. Of course, do it covertly.
If they terminate you, all that you need to do is approach the Labor Officer (LO) of your area and make a formal complaint. Let us wait and watch for the verdict of the LO.
Thanks,
Dinesh Divekar
From India, Bangalore
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8072I recommend you not to put down the papers. Keep evidence at hand if someone from HR pressures you to resign. Record the telephone calls. Try recording the personal discussion as well. Of course, do it covertly.
If they terminate you, all that you need to do is approach the Labor Officer (LO) of your area and make a formal complaint. Let us wait and watch for the verdict of the LO.
Thanks,
Dinesh Divekar
From India, Bangalore
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A domestic inquiry was conducted on the securities issue. I had actually transferred an official document to my personal email ID since I had not been able to send it through my official email ID to my boss. So I transferred the document to my official email ID and then went back home and sent it to my boss as I had Outlook access at my home. A pink slip was given to me after the inquiry was done. Now the legal team is not satisfied with the decision of the HR. They have again asked me to come for an inquiry tomorrow. I might be facing an ax now since this issue is reopened.
Possibility of Receiving an Experience Letter
What is the possibility that they might or may not give me an experience letter if I am terminated on grounds of security violation (for sharing the document to my personal email ID)?
Termination and Documentation
Can the company terminate me on grounds of these cases, and if so, can they send me out without papers like an experience letter/relieving letter?
Entitlement to Salary During Notice Period
In case of termination, is the company entitled to pay me the salary for the notice period?
Regards,
Pradeesh
From India, Chennai
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Possibility of Receiving an Experience Letter
What is the possibility that they might or may not give me an experience letter if I am terminated on grounds of security violation (for sharing the document to my personal email ID)?
Termination and Documentation
Can the company terminate me on grounds of these cases, and if so, can they send me out without papers like an experience letter/relieving letter?
Entitlement to Salary During Notice Period
In case of termination, is the company entitled to pay me the salary for the notice period?
Regards,
Pradeesh
From India, Chennai
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Yes, they can terminate you. The domestic inquiry has already decided it was misconduct, and you have been given a pink slip. To the best of my knowledge, a pink slip is a termination. In the case of termination for misconduct, they need not give you or pay for a notice period. They will issue you a termination letter, so a separate relieving letter is not necessary.
Furthermore, if they have stated the work period in the termination letter, they need not give a separate experience service certificate. However, asking you to pay 2 months' notice pay for getting an experience letter is illegal and unethical. I think he is actually giving you an opportunity to resign and get a clean separation, which will enable you to get another job elsewhere. But I am not sure if that will work. Your company is a member of the NASSCOM skill registry and will definitely post this in the database.
From India, Mumbai
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Furthermore, if they have stated the work period in the termination letter, they need not give a separate experience service certificate. However, asking you to pay 2 months' notice pay for getting an experience letter is illegal and unethical. I think he is actually giving you an opportunity to resign and get a clean separation, which will enable you to get another job elsewhere. But I am not sure if that will work. Your company is a member of the NASSCOM skill registry and will definitely post this in the database.
From India, Mumbai
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My offer letter states that in case of immediate termination due to misconduct, demeanor, and so on, the company will pay the wages for the notice period. Can I bring this forth? Moreover, I can't show the termination letter as an experience letter since it would be a black mark. Please help me with some advice.
Regards
From India, Chennai
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Regards
From India, Chennai
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Yes, the HR/company has the full right to terminate you on both grounds. As an HR professional, my advice to you is to resign from your company as soon as possible instead of waiting for them to terminate you, as this could negatively impact your future career. The company is not liable to pay you any compensation or provide a termination letter, but you should carefully review your appointment letter for more details.
Don't worry about the experience letter, as Cognizant is a large company, and they have to follow the FNF (Full and Final) process in case of resignation. Therefore, my first suggestion is for you to resign.
Kind regards
From India, Bhopal
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Don't worry about the experience letter, as Cognizant is a large company, and they have to follow the FNF (Full and Final) process in case of resignation. Therefore, my first suggestion is for you to resign.
Kind regards
From India, Bhopal
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Hi Shalu, The HR is not allowing me to resign, he is asking what he would do with me for the next two months. What should i be doing in this case?
From India, Chennai
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From India, Chennai
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Handling Resignation and Termination Concerns
Ask your HR to relieve you on the same day of the resignation instead of asking for a 2-month notice. Your career is more important than the notice pay. In case they terminate you, you will lose both your experience letter and your notice pay. Lastly, but not least, avoid such kind of misconduct in the future. Remember, you are earning your bread and butter from the company, always keep that in mind.
From India, Ahmadabad
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Ask your HR to relieve you on the same day of the resignation instead of asking for a 2-month notice. Your career is more important than the notice pay. In case they terminate you, you will lose both your experience letter and your notice pay. Lastly, but not least, avoid such kind of misconduct in the future. Remember, you are earning your bread and butter from the company, always keep that in mind.
From India, Ahmadabad
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Pradeesh,
No HR in this whole universe can stop you from resigning. So, no worries, just give a formal resignation and ask your reporting head to accept it. Otherwise, follow the terms and conditions of your appointment. It will either require you to serve the notice period or face a deduction of one or two months' basic salary in lieu of the notice period. Stop going to the office after the formal resignation, and keep a copy of your resignation email on your personal ID or in printout form.
You are accepting your mistake, which is a big thing. Stop thinking about anything else; just focus on what is right for your career.
From India, Bhopal
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No HR in this whole universe can stop you from resigning. So, no worries, just give a formal resignation and ask your reporting head to accept it. Otherwise, follow the terms and conditions of your appointment. It will either require you to serve the notice period or face a deduction of one or two months' basic salary in lieu of the notice period. Stop going to the office after the formal resignation, and keep a copy of your resignation email on your personal ID or in printout form.
You are accepting your mistake, which is a big thing. Stop thinking about anything else; just focus on what is right for your career.
From India, Bhopal
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Termination of an Employment Contract
Under the given statement of six months of employment at Cognizant Technology Solutions, we discuss the situation as follows.
Employees may terminate their contract by resigning, or an employer may terminate the contract by dismissing an employee. Employees should make it clear that they are formally resigning, and it would be best to do this in writing, giving the correct amount of notice. By law, employees will need to give either one week's notice or the amount stated in the contract, whichever is longer.
Employers normally give employees at least the notice stated in the contract of employment or the statutory minimum notice period, whichever is longer. The statutory notice required is:
- One week if the employee has been employed between one month and two years
- One week for each complete year of employment (up to a maximum of 12 weeks). For example, for two years of employment, the notice period will be two weeks, and for six years of employment, the notice will be six weeks.
Summary dismissal is dismissal without notice and should only be used for gross misconduct, where a situation occurs that is so serious (such as theft, violence, fraud) that the employer gives no notice. However, employers should investigate the circumstances before making a dismissal and follow a fair procedure even in these cases.
Hope this helps.
From India, Bangalore
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Under the given statement of six months of employment at Cognizant Technology Solutions, we discuss the situation as follows.
Employees may terminate their contract by resigning, or an employer may terminate the contract by dismissing an employee. Employees should make it clear that they are formally resigning, and it would be best to do this in writing, giving the correct amount of notice. By law, employees will need to give either one week's notice or the amount stated in the contract, whichever is longer.
Employers normally give employees at least the notice stated in the contract of employment or the statutory minimum notice period, whichever is longer. The statutory notice required is:
- One week if the employee has been employed between one month and two years
- One week for each complete year of employment (up to a maximum of 12 weeks). For example, for two years of employment, the notice period will be two weeks, and for six years of employment, the notice will be six weeks.
Summary dismissal is dismissal without notice and should only be used for gross misconduct, where a situation occurs that is so serious (such as theft, violence, fraud) that the employer gives no notice. However, employers should investigate the circumstances before making a dismissal and follow a fair procedure even in these cases.
Hope this helps.
From India, Bangalore
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