Hi,
Sorry for the repost; I posted in the wrong forum earlier.
Background: I am working as a senior software engineer in a Bangalore-based IT company with a staff strength of 1000 employees. I agreed to travel to Africa for a period of 2 months on a business visa and traveled in February. This was 8 months ago. Now my company is not ready to bring me back. They make me travel to a neighboring country and return within 1 day when my visa term expires (every 2 months). The immigration department here has caught me twice (as I am not allowed to work here and have been here for 8 months), and I bribe them to get away. Since I have no option to come out of this trap, I resigned.
I have signed a 2-month notice period with the company (as per my appointment letter). This was never revised, nor was there any communication regarding a change in it. Now, after 50 days of notice, when I asked my company to provide me with my relieving date, they are telling me that as I am deputed abroad on an assignment, I need to serve 3 months. This 3 months is not in my contract or anywhere in the company policies.
Can I leave after my notice period is over? And what can I do to get my salary, PF, and relieving letter? Any help is appreciated.
Anir
From Tanzania
Sorry for the repost; I posted in the wrong forum earlier.
Background: I am working as a senior software engineer in a Bangalore-based IT company with a staff strength of 1000 employees. I agreed to travel to Africa for a period of 2 months on a business visa and traveled in February. This was 8 months ago. Now my company is not ready to bring me back. They make me travel to a neighboring country and return within 1 day when my visa term expires (every 2 months). The immigration department here has caught me twice (as I am not allowed to work here and have been here for 8 months), and I bribe them to get away. Since I have no option to come out of this trap, I resigned.
I have signed a 2-month notice period with the company (as per my appointment letter). This was never revised, nor was there any communication regarding a change in it. Now, after 50 days of notice, when I asked my company to provide me with my relieving date, they are telling me that as I am deputed abroad on an assignment, I need to serve 3 months. This 3 months is not in my contract or anywhere in the company policies.
Can I leave after my notice period is over? And what can I do to get my salary, PF, and relieving letter? Any help is appreciated.
Anir
From Tanzania
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Thank you for your reply. Yes, I am on an official trip. I came to Africa in February and have been deployed here at a client's place. I am still in Africa. My trips to neighboring African countries (just to renew my visa) are not considered official, as I just go there, stay for a day, and re-enter. However, my company categorizes them as official trips.
From Tanzania
From Tanzania
Do you have a copy of the agreement which states a 2-month deputation or any hidden clauses in it? Please check and revert. Also, check the terms and conditions of your appointment letter. See whether any conditions pertain to mutual concerns of employment.
187
Thanks, I checked it. There is a clause which HR made me aware of today that makes me liable when I'm deployed on an overseas assignment. The clause says I can't terminate the contract while on an overseas assignment or within 3 months after my return. So I guess I can't do anything about it.
Now, the situation is that I have traveled on a business visa, which prohibits me from working and allows me to stay in the country for a maximum of 2 months for business purposes (meetings/presentations, etc.). My company is making me work here, and it's been 8 months. They send me to a neighboring country and back to renew the visa. The problem is, I cannot terminate the contract while overseas (as per the contract) and would be forced to stay here indefinitely if I do not terminate the contract. Additionally, staying here and working is not legal, and I could get into trouble if caught by immigration. I have already faced this situation twice but managed to get away by bribing them.
Is there any legal recourse for me to leave this country?
Thanks in advance!
From Tanzania
Now, the situation is that I have traveled on a business visa, which prohibits me from working and allows me to stay in the country for a maximum of 2 months for business purposes (meetings/presentations, etc.). My company is making me work here, and it's been 8 months. They send me to a neighboring country and back to renew the visa. The problem is, I cannot terminate the contract while overseas (as per the contract) and would be forced to stay here indefinitely if I do not terminate the contract. Additionally, staying here and working is not legal, and I could get into trouble if caught by immigration. I have already faced this situation twice but managed to get away by bribing them.
Is there any legal recourse for me to leave this country?
Thanks in advance!
From Tanzania
What you are doing is illegal. If that particular government knows this, you will be in trouble.
Better inform your management that you are interested and you want to come to your hometown. If they are not in par with you, wait for the next turn to renew. In that time, block your tickets to your hometown and come down to inform your management about your return.
If you renew it again in the next tenure, you will have to be there for 3 more months. Do it properly and in the right way to get rid of it.
It is better to try with a legal consultant before you do anything to be on the safer end.
HR will not take any action against you if you follow legal norms. HR is there to help employees and not to put you in trouble.
Better inform your management that you are interested and you want to come to your hometown. If they are not in par with you, wait for the next turn to renew. In that time, block your tickets to your hometown and come down to inform your management about your return.
If you renew it again in the next tenure, you will have to be there for 3 more months. Do it properly and in the right way to get rid of it.
It is better to try with a legal consultant before you do anything to be on the safer end.
HR will not take any action against you if you follow legal norms. HR is there to help employees and not to put you in trouble.
Thank you!!
Had a call with HR + Management. Informed them I want to come back as soon as possible as I can't be involved in this illegal activity anymore, and the same is the reason for my resignation.
They say they would consider my resignation (sent 40 days back) into consideration and will relieve me from the company and country when 3 months of notice are complete. But for that, I will have to renew my visa in the same way for 1 more time as it is expiring in 1 month. They are scaring me with the contract clause which says, "I can't terminate the contract while overseas and can legally resign only 3 days after I am back," and then serve notice to get relieved. So the option they are giving is a consideration for my concern.
This is definitely ethically wrong. But are they legal enough with this?
From Tanzania
Had a call with HR + Management. Informed them I want to come back as soon as possible as I can't be involved in this illegal activity anymore, and the same is the reason for my resignation.
They say they would consider my resignation (sent 40 days back) into consideration and will relieve me from the company and country when 3 months of notice are complete. But for that, I will have to renew my visa in the same way for 1 more time as it is expiring in 1 month. They are scaring me with the contract clause which says, "I can't terminate the contract while overseas and can legally resign only 3 days after I am back," and then serve notice to get relieved. So the option they are giving is a consideration for my concern.
This is definitely ethically wrong. But are they legal enough with this?
From Tanzania
Hi Anir,
If you think that you are in deep trouble and there is no way to get out of Africa, as a last resort, you can approach the Indian Embassy in the country you are currently in. Still, keep it as a last resort.
Regards,
Rahul Chhabra
From India, Delhi
If you think that you are in deep trouble and there is no way to get out of Africa, as a last resort, you can approach the Indian Embassy in the country you are currently in. Still, keep it as a last resort.
Regards,
Rahul Chhabra
From India, Delhi
Hi,
The contract with the company cannot make you do illegal acts. It's a violation of contract law and I think it's also an unfit labor practice.
Legally, you have the right to walk out of there without notice, especially since your company is aware of the illegality. Courts will support you.
However, as we are all aware, courts mean a long-drawn process. Amicably settling with your company is more sensible if possible.
Since you have already been caught twice, it's dangerous to do it again. You may get jailed for a long time. I don't think they have a legal system that will free you quickly, and your company may just wash their hands off. In such a case, perhaps you simply need to book your tickets and return to India, accepting that you may need to fight long to get your dues.
By the way, there is a department of the central government that is taking action against wrong overseas employment practices of Indian companies, and your complaint may actually result in a ban on your company from future overseas contracts. That may be a negotiation leverage, but I would suggest you use that after you return.
From India, Mumbai
The contract with the company cannot make you do illegal acts. It's a violation of contract law and I think it's also an unfit labor practice.
Legally, you have the right to walk out of there without notice, especially since your company is aware of the illegality. Courts will support you.
However, as we are all aware, courts mean a long-drawn process. Amicably settling with your company is more sensible if possible.
Since you have already been caught twice, it's dangerous to do it again. You may get jailed for a long time. I don't think they have a legal system that will free you quickly, and your company may just wash their hands off. In such a case, perhaps you simply need to book your tickets and return to India, accepting that you may need to fight long to get your dues.
By the way, there is a department of the central government that is taking action against wrong overseas employment practices of Indian companies, and your complaint may actually result in a ban on your company from future overseas contracts. That may be a negotiation leverage, but I would suggest you use that after you return.
From India, Mumbai
I would like to know if it's in the laws of an organization, specifically a BPO, to retain an employee's original marksheets in case the employee has not signed a bond and has quit without submitting resignation papers due to severe health issues.
From India, Madras
From India, Madras
Dear Anir,
In which country are you placed? I know a senior heading a Software Firm in Nigeria. I have messaged you his email id, so consider contacting him. He has been very good at guiding us. He would be able to share better information on immigration to Africa than me.
Regards,
Cite Contribution
Hi, Sorry for the repost, posted in the wrong forum earlier.
Background: I am working as a senior software engineer in a Bangalore-based IT company with a strength of 1000 employees. I agreed to travel to Africa on a 2-month business visa and traveled in February. This was 8 months ago. Now my company is not ready to bring me back. They make me travel to a neighboring country and return in 1 day when my visa term expires (every 2 months). The immigration department here has caught me twice (as I am not allowed to work here and I have been here for 8 months) and I bribe them to get away. As I have no option to come out of this trap, I resigned.
I have signed a 2 months' notice period with the company (as per my appointment letter). This was never revised, nor had any communication regarding a change in it. Now, after 50 days of notice, when I asked my company to provide me with my relieving date, they are telling me that since I am deputed abroad on an assignment, I need to serve 3 months. This 3 months is not in my contract or anywhere in company policies.
Can I walk off after my notice period is over? And what can I do to get my salary, PF, relieving letter? Any help is appreciated.
Anir
From India, Mumbai
In which country are you placed? I know a senior heading a Software Firm in Nigeria. I have messaged you his email id, so consider contacting him. He has been very good at guiding us. He would be able to share better information on immigration to Africa than me.
Regards,
Cite Contribution
Hi, Sorry for the repost, posted in the wrong forum earlier.
Background: I am working as a senior software engineer in a Bangalore-based IT company with a strength of 1000 employees. I agreed to travel to Africa on a 2-month business visa and traveled in February. This was 8 months ago. Now my company is not ready to bring me back. They make me travel to a neighboring country and return in 1 day when my visa term expires (every 2 months). The immigration department here has caught me twice (as I am not allowed to work here and I have been here for 8 months) and I bribe them to get away. As I have no option to come out of this trap, I resigned.
I have signed a 2 months' notice period with the company (as per my appointment letter). This was never revised, nor had any communication regarding a change in it. Now, after 50 days of notice, when I asked my company to provide me with my relieving date, they are telling me that since I am deputed abroad on an assignment, I need to serve 3 months. This 3 months is not in my contract or anywhere in company policies.
Can I walk off after my notice period is over? And what can I do to get my salary, PF, relieving letter? Any help is appreciated.
Anir
From India, Mumbai
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