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ram (systems engineer)     25 February 2012

Hr cheated me and i am absconding

Hello All,

                I am working in an Indian based IT company.Joined  just a month ago ( 22-Jan- 2012) . now i am planning to quit my company.

Reason  :

Till now i am on bench .Doing no work ,not into any project.During my recruitment my HR promised me that this is for ONSITE position (Australia) .That is the only reason i accepted the offer and joined. Now they say that the position has closed  and i will be mapped to some other offshore project soon. In short they bluffed me and onboarded. Right now my aspiration is ONSITE and i dont see any oppurtunity in my current company. Now i have an another job offer and they asking me to join immediately. I got this job offer by saying them i was in break for one month (hiden my current company relations)

Terms and conditions in Current Company :

Notice Period is 3 months or buy out notice period. But they wont accept for buy out for sure.But i want to get release soon in  a weeks time.Am not into any project ,No bussiness dependencies ,No work ,knowledge transfer is not applicable here but then  they will ask me to serve 3 month for no reason .

I am not expecting any Service / Releaving Letter from my current company .

I have only company ID card to Return .

Now my questions,

1) If i abscond (i leave after sending resignation mail  ,handing over iD card and not serving notice period) ,will they take legal action on me and claim me money for any damage caused !!!

2)Do they register my profile in NASSCOM (association for IT companies) and put me in absconding list so that i cant join in any other IT company .do my  back groud check in next company  fail by any chance ???

3)How should i proceed from now to get releave from my company.Things i should clearly mention in mail to avoid further actions from thier side.

Sorry for the long post,just want to make everything clear. 

Thanks in Advance.



Learning

 4 Replies

Kumar Doab (FIN)     25 February 2012

You must not abscond. You must not conceal/hide your employment record.

While you should not get impatient, you should carefully evaluate the situation and proceed after you are convinced that you are being taken for a ride.

It is felt that you may not communicate by email from your personal email id. Some of the IT companies are notorious and are known to send notices etc by email. Moreover any one from HR/legal/personnel shall shoot emails that are otherwise not entitled to sign on letterhead of the company. While you escalate the matter someone responsible from the company shall sign on the letter, after thoughtful deliberations on your matter.

You may decide  when you wish to approach company now or after drawing salary. Ideally you should express yourself in writing under acknowledgment by letter addressed to the  good offices of the company i.e. appointing authority which has signed on your appointment letter, MD, CEO, Head-HR, Company Secretary and conclude that you were offered to join during interview on dated ...............by Mr/Ms designation dept, office address that you are being selected to be placed at..........for following projects in line with your qualification, expertise, and aspirations and planning for  future and based on these offers you had decided to join the company, and later it was reaffirmed by Mr/Ms........on dated...........However you are made to sit on bench without any work and being made to rust, despite your representations to Mr/Ms.......on dated............which is very painful and depressing and this is against the job proposal and offer made to you. This approach of the company is adversely affecting you and detrimental to your career and future.

During your representations in person to Mr/Ms......on dated............it has been communicated to you that company shall proceed against you by taking following actions ........( give details as mentioned by you at 2 and.......) and invoke penultimate clauses of the appointment letter...........( give details e.g. claim notice pay, block service/work experience certificate, acknowledgment an acceptance of resignation, relieving letter, PF number withdrawal/transfer, form 16, FNF settlement etc) and give bad reference check if I dare to resign from the company and report to NASSCOM.

Since the company has defaulted on job offer/prospects and has bluffed citing penultimate conditions/clauses of the appointment letter, is adding insult to injury.

Request the good offices to grant relief to you and place you at promised position/work say within 7 days and grant relief and advice the concerned personnel of the company not to flaunt the adverse and penultimate conditions on you to enslave you. If the company do not have the promised position work by which shown to attract you, the penultimate clauses of the appointment letter should be waved off and you should be allowed to separate with a pleasant note without any cost and adverse consequences to you

This shall be a deliberate action to finish the labor, fund, and hardships of yours and your parents on your education and past experience.

Request the good offices to grant relief to you and place you at promised position/work say within 7 days and advice the concerned personnel of the company not to flaunt the adverse and penultimate conditions, to enslave you. If the company do not have the promised position work by which shown to attract you, the penultimate clauses of the appointment letter should be waved off (give details) and you should be allowed to separate with a pleasant note without any cost and adverse consequences to you.

Employee should be transparent, straight forward, and must not shy from approaching the good offices; however employee should remain gentle and amiable. Under such trying situations employee should build favorable record. Take your next employer into confidence and before resigning submit in writing (even if by email) that your current employer has declined to issues requisite documents e.g. service/work experience certificate, relieving letter, acknowledgment an acceptance of resignation, hence you shall not be able to supply it to them until received from past employer. However you shall submit copy of resignation with proof of dispatch and based on this document company may process your resume allow you to join. You may mention that company has pointed out that notice pay shall be claimed from you. If you are competent the next employer may agree to compensate you for notice pay recovery.

This is heartfelt opinion. Kindly get into the habit of consulting elders in the family, competent and experienced well wishers, trained legal mind before taking such and major decisions. It is always better to consult in time than to repent later.

If still company steps on your toes you have a reason to approach a lawyer, o/o Labor Commissioner/Wages Inspector. You can also decide if you wish to approach NASSCOM.

Be Smart.

 

Valuable advice of learned experts/members is sought.

 

Kumar Doab (FIN)     25 February 2012

Regret the repetitions due to system error.

Kindly fine-tune your representation as suitable to you.

ram (systems engineer)     26 February 2012

Hi Kumar thanks for your reply.very informative..Its too late to tell my next employer about my current job experience . They are ok with 2 month break .But my question is ,

1) do my background check from my future employers fail by any chance ? 

2)Also i will send an email stating all your points in the mail, but high chance that my HR will ask me hand over ID card to her and leave just like that.means i cant expect any service / releeaving letter from them...is this fine

Kumar Doab (FIN)     26 February 2012

The answer to point 1,2 in your first post and 1 in your latest post is Yes.

A zeleous HR can chase you. Even if the HR  and line management is not zeleous and vindictive, they have a rule book to follow and justify their job and salary. Only the good offices can grant a waiver. If you persist you can succeed.

The company can file adverse comments in your personnel file and keep it there forever with or withpout posting any letter to you. In case of reference check in future by any employer, Indian or Foreign you shall be at the mercy of new employer who may ignore or may ask for an explanation.

If what you have posted in this thread is true, then why would you want a negative bearing on your future prospects.

If you are resigning then you must express the true reasons in your notice of resignation,  obtain aaceptance,relieving letter, FNF statement showing no notice pay recovery etc.You must not conceal any experience in your resume.

Choice is yours. Pls proceed as deemed fit.


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