I have recently joined an MNC for a hefty package. But on the joining day they informed me that I will be working for other company in the payroll of this MNC.I have already signed the agreement on the joining day.Since I don't like to work for other company in the payroll of this company, I decided to abscond from the first day. My user name is not activated and I don't create or update any bank account but I was given a employee id.After 2 days I received a mail saying that I din't pick their call/ mobile switched off, they filed an FIR as missing employee. In the agreement it was written like in case of abscond leave of absence, I should serve notice period of 2 months or pay the amount and its left with the employer to decide on that. Please suggest what should I do next. I have joined other organization already and completed 3 days...
From India, Bangalore
1From India, Bangalore
You Should not abscond. you should go back and submit the resignation letter. what are terms in your appointment letter about separation? please update so that you can get the right solution.
From India, Mumbai
From India, Mumbai
But I have already absconded and joined other MNC.In the previous MNC I attended the joining day only.The seperarion clause is already mentioned in the discussion
From India, Bangalore
From India, Bangalore
Dear Umapathh
is really very bad that you choose to run away in such unprofessional manner than handling the issue in more professionally mature manner.
Dont worry people cant just walk into police station and file missing persons complain.
Not Joining a company is not categorized as a crime under IPC, so they can not file FIR, as they claim they have.
You dont have to worry, about anything as they are bluffing about FIR.
I believe you would be on probation, so serving of two months notice wont arise.
Regards
Octavious
From India, Mumbai
is really very bad that you choose to run away in such unprofessional manner than handling the issue in more professionally mature manner.
Dont worry people cant just walk into police station and file missing persons complain.
Not Joining a company is not categorized as a crime under IPC, so they can not file FIR, as they claim they have.
You dont have to worry, about anything as they are bluffing about FIR.
I believe you would be on probation, so serving of two months notice wont arise.
Regards
Octavious
From India, Mumbai
Hi octavius,
Thanks for the reply. Can they take any legal proceedings against me as I din't inform them formally.Will it affect any time in future and I am not going to state this experience in my career. Do they update these in any third party tools of centralised information. Will it anywhere affect my VISA/ onsite ?
From India, Bangalore
Thanks for the reply. Can they take any legal proceedings against me as I din't inform them formally.Will it affect any time in future and I am not going to state this experience in my career. Do they update these in any third party tools of centralised information. Will it anywhere affect my VISA/ onsite ?
From India, Bangalore
please note that appointment letter is a form of contract and breach of any contract is offense and enforceable in civil court.
What is clause for probationary employee?
generally it is given as;
"during probation employer can terminate employee any time without giving any reason." if it is written like that, then there would be no notice period.
Regarding law:
Double employment is punishable offense so if your employer files suit in civil court then you will land in problem. so just go and give them resignation. complete all separation formalities like clearance.
Please never do this again with any other company.
From India, Mumbai
What is clause for probationary employee?
generally it is given as;
"during probation employer can terminate employee any time without giving any reason." if it is written like that, then there would be no notice period.
Regarding law:
Double employment is punishable offense so if your employer files suit in civil court then you will land in problem. so just go and give them resignation. complete all separation formalities like clearance.
Please never do this again with any other company.
From India, Mumbai
Dear Mr Umapathh Dhanraj,
As suggested by seniors you have to get things sorted out, since it all started with your action ( or inaction ).
Even if it is late, submit a formal resignation letter clearly stating the reasons for resigning.
You can take the advice of an expert, if necessary, to draft the letter.
The queries you have raised above are nothing but hallucination.
Once you resign formally, then your mind will be at peace and then you can take other
decisions rationally.
V.Raghunathan
From India
As suggested by seniors you have to get things sorted out, since it all started with your action ( or inaction ).
Even if it is late, submit a formal resignation letter clearly stating the reasons for resigning.
You can take the advice of an expert, if necessary, to draft the letter.
The queries you have raised above are nothing but hallucination.
Once you resign formally, then your mind will be at peace and then you can take other
decisions rationally.
V.Raghunathan
From India
As opined by Raghunathan you may send a resignation letter and state therein that you were given offer to work with XXX company but it was only after your joining you came to know that you had to work for YYY company which you would not like. You should say that consensus ad idem (meeting oof minds) which is an important ingredient of a valid agreement was not present in the contract of employment signed by both of you and hence the contract was invalid one.
As said by Octavious, FIR cannot be filed in such cases and the right to chose employer is with the employee.
Madhu.T.K
From India, Kannur
As said by Octavious, FIR cannot be filed in such cases and the right to chose employer is with the employee.
Madhu.T.K
From India, Kannur
You made a mistake, which is to abscond without intimation.
Which is an unprofessional thing to do.
The question is how to correct it.
Since you are apparently in software, remember that they will blacklist you on NASSCOM skill registry. Which will create a problem for you later.
Now you need to get your paper work in place.
I will wait for our seniors to give their opinion of whether the same should or should not be submitted to the employer (from a strategy point of view)
First, you need to write a letter to the employer stating that you refuse to accept the employment. In the letter clearly specify that the terms under which you were recruited is different from what was actually give to you on the joining date. You took the job because you were to work for xyz company. But on the joining date you were told you will actually work for abc, which you are not interested. This is a breach of terms of employment and a berach of trust from their end. Therefore you are not interested in working for them. Further, you can say that you informed HR about it but they refused to accept it.
To my mind, this is a very good ground to repudiate the contract without having to serve the so called 2 months notice period.
The FIR for missing person is a joke. If they have actually filed it, they will get into serious trouble for misuse of criminal justice infrastructure, in fact the concerned manager can be arrested for knowingly filing a false FIR.
However, I don't know what attitude or approach your new emplover will take if they get a notice or email from the previous employer.
From India, Mumbai
Which is an unprofessional thing to do.
The question is how to correct it.
Since you are apparently in software, remember that they will blacklist you on NASSCOM skill registry. Which will create a problem for you later.
Now you need to get your paper work in place.
I will wait for our seniors to give their opinion of whether the same should or should not be submitted to the employer (from a strategy point of view)
First, you need to write a letter to the employer stating that you refuse to accept the employment. In the letter clearly specify that the terms under which you were recruited is different from what was actually give to you on the joining date. You took the job because you were to work for xyz company. But on the joining date you were told you will actually work for abc, which you are not interested. This is a breach of terms of employment and a berach of trust from their end. Therefore you are not interested in working for them. Further, you can say that you informed HR about it but they refused to accept it.
To my mind, this is a very good ground to repudiate the contract without having to serve the so called 2 months notice period.
The FIR for missing person is a joke. If they have actually filed it, they will get into serious trouble for misuse of criminal justice infrastructure, in fact the concerned manager can be arrested for knowingly filing a false FIR.
However, I don't know what attitude or approach your new emplover will take if they get a notice or email from the previous employer.
From India, Mumbai
Dear Umapathh
The company has accepted that you have absconded and have been willfully absent from job.
They have understood that you will not be working with them and so they have sent you the letter demanding money in lieu of your notice period.
As they have sent you notice, it is safe to conclude that they have accepted your exit from the company, thus assuming a deemed acceptance by the company of your illegitimate exit from the company, now coming back and demanding money would pose certain amount of problem for the company, because if the company demands the money it would mean that they under the disguise of penalizing its employees is illegally enriching itself.
No it will not cause any visa issue for you, and involving a third party to cause trouble to your profession and social life would amount to defamation and violation of your rights guaranteed under the Constitution of India and various other laws.
Professional ethics demands that you send a resignation letter, but doing that at this stage would cause trouble for you, especially when there is deemed acceptance of your illegitimate exit by the company, by way of notice from the company demanding money in lieu of two months notice.
Further filing a civil case would mean additional cost and it is long drawn process, and hence company would avoid the same. But if your illegitimate exit has become a ego issue or if they want send a strong message they might file a civil case against you. But even than, the chance of company wining the case would be very minimal.
Regards
Octavious
From India, Mumbai
The company has accepted that you have absconded and have been willfully absent from job.
They have understood that you will not be working with them and so they have sent you the letter demanding money in lieu of your notice period.
As they have sent you notice, it is safe to conclude that they have accepted your exit from the company, thus assuming a deemed acceptance by the company of your illegitimate exit from the company, now coming back and demanding money would pose certain amount of problem for the company, because if the company demands the money it would mean that they under the disguise of penalizing its employees is illegally enriching itself.
No it will not cause any visa issue for you, and involving a third party to cause trouble to your profession and social life would amount to defamation and violation of your rights guaranteed under the Constitution of India and various other laws.
Professional ethics demands that you send a resignation letter, but doing that at this stage would cause trouble for you, especially when there is deemed acceptance of your illegitimate exit by the company, by way of notice from the company demanding money in lieu of two months notice.
Further filing a civil case would mean additional cost and it is long drawn process, and hence company would avoid the same. But if your illegitimate exit has become a ego issue or if they want send a strong message they might file a civil case against you. But even than, the chance of company wining the case would be very minimal.
Regards
Octavious
From India, Mumbai
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