Dear All,
What to do in following scenario:
A person decides to leave the organization without serving the proper notice period (i.e. for one month). He can give 15 days notice. Company is not in the mode of accepting the same and wants that the employee should serve 1 month’s notice under any condition. The employees leaves after 15 days and submits all the company assets to company and also makes a hand over note and mails it to concerned authorities. In normal scenario company can send him legal notice for not serving the entire notice period. But if company decides to take further steps like lodging an FIR against him and accusing him about Data Theft, Data Destroy or any other false allegation (like violation of intellectual property rights) just to screw him in such case can it be really threatening to the employee and his career. Can a company do such thing and make an employee suffer like this as they have power? What really can employee do under such scenario to protect his interest…Plz advise.
Can the employee lodge a complaint at Human Rights on the ground of Harrassment and Threatning?
Rgds..
DG
From India, Calcutta
1What to do in following scenario:
A person decides to leave the organization without serving the proper notice period (i.e. for one month). He can give 15 days notice. Company is not in the mode of accepting the same and wants that the employee should serve 1 month’s notice under any condition. The employees leaves after 15 days and submits all the company assets to company and also makes a hand over note and mails it to concerned authorities. In normal scenario company can send him legal notice for not serving the entire notice period. But if company decides to take further steps like lodging an FIR against him and accusing him about Data Theft, Data Destroy or any other false allegation (like violation of intellectual property rights) just to screw him in such case can it be really threatening to the employee and his career. Can a company do such thing and make an employee suffer like this as they have power? What really can employee do under such scenario to protect his interest…Plz advise.
Can the employee lodge a complaint at Human Rights on the ground of Harrassment and Threatning?
Rgds..
DG
From India, Calcutta
Hi,
I feel, Company have many other options than filing a FIR. This would be the last option for any company - as legal proceedings costs a plenty. But considering the criticality of the situation and the position the candidate holding, company can take this ruthless step.
The best the candidate can do - Negotiate with management is cooling the terms,
or - if his reason to quit is to join a new organisation then talk to the offering company to provide time period of one month to join.
or
is to provide a false convincing reason for quieting the job. These are few options to avoid harsh consequences.
In case if the case is already filed then the only option left is to face the lawsuit or compromise with the management or if you know some loopholes of the company then file a counter case against management in consumer forum.
In my view nothing can one do if company decides to screw ones career
From India, Bangalore
I feel, Company have many other options than filing a FIR. This would be the last option for any company - as legal proceedings costs a plenty. But considering the criticality of the situation and the position the candidate holding, company can take this ruthless step.
The best the candidate can do - Negotiate with management is cooling the terms,
or - if his reason to quit is to join a new organisation then talk to the offering company to provide time period of one month to join.
or
is to provide a false convincing reason for quieting the job. These are few options to avoid harsh consequences.
In case if the case is already filed then the only option left is to face the lawsuit or compromise with the management or if you know some loopholes of the company then file a counter case against management in consumer forum.
In my view nothing can one do if company decides to screw ones career
From India, Bangalore
An Employee response ,who has responded without serving one month notice , left project midway . Further non-completion of any tasks assigned to him . The problem with some companies is that they should have terminated with such inefficient staff within 3 months .
As employer , my view point is that employee who work hard and do smart work , no company wants to loose such asset. Inefficient people yell more. But working and not delivering results have got no value.
As employee , my view point is that I am right in my terms always :)
This is in reference to your warning letter sent to me via e-mail dated 30.08.2011 after tendering my resignation. I am surprised to note the content therein. It seems that instead of accepting the resignation you have made false allegations just to justify yourself for not adhering to the service contract as mentioned in the appointment letter issued by you. Please note that I never disobeyed the rightful instructions of any of the superiors. To comply with the instructions, that I worked very hard since morning till late night after the usual working hours that is even after 6.30 PM, which is evident from the entry register.
On the other hand you have violated all conditions mentioned in the appointment letter which bears no date issued by you in favour of undersigned. In the said letter the salary of the undersigned was fixed as Rs 29167/-per month but you always deducted part of the salary on one pretext or the other.
I was surprised to receive the e-mail on 09.05.2011 after the due date of the release of salary for the month of April 2011, whereby I was informed that the company was in urgent need of funds and only partial salary will be released to all the employees who are getting salary more than Rs 10000.00 which is contrary to the service contract. In the said mail it was specifically mentioned that the balance amount shall be released in the next month. You released only 10000/- . Towards the salary for the month of April’2011 leaving behind Rs 15024/- payable in next month. Since the undersigned was not aware about this deduction beforehand, he made his necessary expenses in advance keeping in view of the total amount of the salary payable to him. Because of follow up of the creditors, undersigned had to face great humiliation. The undersigned was waiting for the release of arrears as well as release of full salary for the next month of May’2011. But to the utter surprise, you had again released Rs 10000/- only in the month of June’2011 towards the salary of May’2011 leaving balance to be released later. I requested you time and again for the release of arrears as I had to repay debts taken by me from market but you had not given ears to it. Even the salary for the month of July’2011 was released by you on 25-08-2011 after my request letter dated 24.08.2011.These are not the only examples which shows that you always defaulted in paying the due amount to me.
Because of the pressure from the creditors, I had requested several times verbally for the release of arrears and for not making unauthorized deductions, you started humiliating me by not allowing me to leave the office even at 9 PM after working continuously for more than 12 hours. Because of the attitude of management, I was compelled to resign from the services, after conveying the same to Mr. Rohit Gupta at 9:10 PM on 29-08-2011 . The indifferent attitude & above said acts of yours has caused me severe hardship and mental agony for which you are solely responsible.
You are once again requested at the cost of repetition to clear all the dues within 10 days by crediting the amount in my bank account and arrange to provide me the PF statement, failing which I shall be compelled to initiate suitable legal action at Appropriate forum .
Since you have yourself failed to honour your contractual obligation, the undersigned is free to tender his resignation at will.
From India, Pune
As employer , my view point is that employee who work hard and do smart work , no company wants to loose such asset. Inefficient people yell more. But working and not delivering results have got no value.
As employee , my view point is that I am right in my terms always :)
This is in reference to your warning letter sent to me via e-mail dated 30.08.2011 after tendering my resignation. I am surprised to note the content therein. It seems that instead of accepting the resignation you have made false allegations just to justify yourself for not adhering to the service contract as mentioned in the appointment letter issued by you. Please note that I never disobeyed the rightful instructions of any of the superiors. To comply with the instructions, that I worked very hard since morning till late night after the usual working hours that is even after 6.30 PM, which is evident from the entry register.
On the other hand you have violated all conditions mentioned in the appointment letter which bears no date issued by you in favour of undersigned. In the said letter the salary of the undersigned was fixed as Rs 29167/-per month but you always deducted part of the salary on one pretext or the other.
I was surprised to receive the e-mail on 09.05.2011 after the due date of the release of salary for the month of April 2011, whereby I was informed that the company was in urgent need of funds and only partial salary will be released to all the employees who are getting salary more than Rs 10000.00 which is contrary to the service contract. In the said mail it was specifically mentioned that the balance amount shall be released in the next month. You released only 10000/- . Towards the salary for the month of April’2011 leaving behind Rs 15024/- payable in next month. Since the undersigned was not aware about this deduction beforehand, he made his necessary expenses in advance keeping in view of the total amount of the salary payable to him. Because of follow up of the creditors, undersigned had to face great humiliation. The undersigned was waiting for the release of arrears as well as release of full salary for the next month of May’2011. But to the utter surprise, you had again released Rs 10000/- only in the month of June’2011 towards the salary of May’2011 leaving balance to be released later. I requested you time and again for the release of arrears as I had to repay debts taken by me from market but you had not given ears to it. Even the salary for the month of July’2011 was released by you on 25-08-2011 after my request letter dated 24.08.2011.These are not the only examples which shows that you always defaulted in paying the due amount to me.
Because of the pressure from the creditors, I had requested several times verbally for the release of arrears and for not making unauthorized deductions, you started humiliating me by not allowing me to leave the office even at 9 PM after working continuously for more than 12 hours. Because of the attitude of management, I was compelled to resign from the services, after conveying the same to Mr. Rohit Gupta at 9:10 PM on 29-08-2011 . The indifferent attitude & above said acts of yours has caused me severe hardship and mental agony for which you are solely responsible.
You are once again requested at the cost of repetition to clear all the dues within 10 days by crediting the amount in my bank account and arrange to provide me the PF statement, failing which I shall be compelled to initiate suitable legal action at Appropriate forum .
Since you have yourself failed to honour your contractual obligation, the undersigned is free to tender his resignation at will.
From India, Pune
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