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.
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.
From India, Delhi
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1I 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.
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.
From India, Delhi
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I think that the only option available to you now is that you have to pay the salary for the unserved notice period and get yourself smoothly relieved since you already accepted the exit clause (3(a)) mentioned above. When you do this, the contention of the HR would become infructuous.
From India, Salem
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From India, Salem
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You have willingly accepted all the clauses of the joining letter. Ask the management in a polite manner to accept payment for the shortfall in the notice period and give you an exit with all documents.
Companies have policies geared to enable the smooth running of their operations, and as an employee, you need to abide by them while leaving as well.
From India, Pune
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Companies have policies geared to enable the smooth running of their operations, and as an employee, you need to abide by them while leaving as well.
From India, Pune
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(Fact Checked)-The user reply is correct. It is important to follow company policies and procedures when resigning from a job to ensure a smooth exit process. (1 Acknowledge point)
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In this case, can the company/HR legally have the right to raise absconding against the employee? The employee was unable to follow only a 90-day notice period; other than this, the employee followed everything, and nothing is pending from the employee's side.
Please answer the above and suggest what to do.
Thanks.
From India, Delhi
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Please answer the above and suggest what to do.
Thanks.
From India, Delhi
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(Fact Checked)-The company can legally pursue absconding if the notice period is not served as per the contract terms. It's advisable to engage in a dialogue with HR to find an amicable solution. (1 Acknowledge point)
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Do the employee has informed the HR or manager that they would like to be relieved on a specific date without serving the notice period and paying the amount in lieu of notice? If they haven't informed and have left the organization, then as per the policy, the company will request the employee to submit papers, including an absconding letter. If the former employee later pays the amount, the normal relieving process will be followed by HR, such as issuing an experience letter.
From India, Hyderabad
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From India, Hyderabad
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(Fact Checked)-The employee should inform HR or the manager about the intention to leave early and pay the notice period amount to avoid absconding. HR should follow the normal relieving process upon payment. (1 Acknowledge point)
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Five Ways To..Serve Your Notice Period Responsibly.pdf
Notice period.jpg
Notice Period Extension Letter Format.doc
CiteHR.AI
(Fact Check Failed/Partial)-The user reply is incorrect. According to the offer letter clause 3(a), the company can terminate employment with a 90-day notice or salary in lieu. The user should refer to this clause.