Hi everyone,
I work in Cognizant Technology Solutions and i have completed six months by now. There has been an issue of non-performance and security violation case against me. The company is now planning to terminate me. Is it possible for them to terminate me? The HR is asking me to pay two months salary if i need the experience letter or else he would not give me the experience letter. I wanted to put down the papers but the HR does not want me to do so?
Can the company terminate me on grounds of these cases and if so can they send me out without papers like experience letter/relieving letter?
In case of termination, is the company entitled to pay me the salary for the notice period??
Please advise
Regards,
Pradeesh Chowraa
From India, Chennai
I work in Cognizant Technology Solutions and i have completed six months by now. There has been an issue of non-performance and security violation case against me. The company is now planning to terminate me. Is it possible for them to terminate me? The HR is asking me to pay two months salary if i need the experience letter or else he would not give me the experience letter. I wanted to put down the papers but the HR does not want me to do so?
Can the company terminate me on grounds of these cases and if so can they send me out without papers like experience letter/relieving letter?
In case of termination, is the company entitled to pay me the salary for the notice period??
Please advise
Regards,
Pradeesh Chowraa
From India, Chennai
Dear Pradeesh,
If the company wants to terminate you then it should conduct domestic enquiry. Supreme Court and large number of high courts have ruled that termination of employee is illegal if domestic enquiry is not conducted. If the company has evidence of non-performance and security violations then what stops them from proving the misconduct of the employee? What is the holding them back?
I recommend you not putting down the papers. Keep evidence at hand if someone from HR pressurises you to resign. Record the telephone calls. Try recording the personal discussion as well. Of course do it covertly.
If they terminate you, all that you need to do is to approach Labour Officer (LO) of your area and make a formal complaint. Let us wait and watch for the verdict of the LO.
Thanks,
Dinesh Divekar
From India, Bangalore
7884If the company wants to terminate you then it should conduct domestic enquiry. Supreme Court and large number of high courts have ruled that termination of employee is illegal if domestic enquiry is not conducted. If the company has evidence of non-performance and security violations then what stops them from proving the misconduct of the employee? What is the holding them back?
I recommend you not putting down the papers. Keep evidence at hand if someone from HR pressurises you to resign. Record the telephone calls. Try recording the personal discussion as well. Of course do it covertly.
If they terminate you, all that you need to do is to approach Labour Officer (LO) of your area and make a formal complaint. Let us wait and watch for the verdict of the LO.
Thanks,
Dinesh Divekar
From India, Bangalore
Hi Dinesh,
A domestic enquiry was conducted on the securities issue. I had actually transferred an official document to my personal email id since i had not been able to send it through my official email id to my boss. So i had transferred the document to my official email id and then went back home and sent it to my boss as i had outlook access in my home. A pink slip was given to me after the enquiry was done. Now the legal team is not satisfied with the decision of the HR. They have again asked me to come for an inquiry tomorrow. I might be facing an axe now since this issue is reopened.
What is the possibility that they might or may not give me an experience letter if i am terminated on grounds of security violation ( for sharing the document to my personal email id?
Can the company terminate me on grounds of these cases and if so can they send me out without papers like experience letter/relieving letter?
In case of termination, is the company entitled to pay me the salary for the notice period??
From India, Chennai
A domestic enquiry was conducted on the securities issue. I had actually transferred an official document to my personal email id since i had not been able to send it through my official email id to my boss. So i had transferred the document to my official email id and then went back home and sent it to my boss as i had outlook access in my home. A pink slip was given to me after the enquiry was done. Now the legal team is not satisfied with the decision of the HR. They have again asked me to come for an inquiry tomorrow. I might be facing an axe now since this issue is reopened.
What is the possibility that they might or may not give me an experience letter if i am terminated on grounds of security violation ( for sharing the document to my personal email id?
Can the company terminate me on grounds of these cases and if so can they send me out without papers like experience letter/relieving letter?
In case of termination, is the company entitled to pay me the salary for the notice period??
From India, Chennai
Yes, they can terminate you.
The domestic enquiry has already decided it was a misconduct. And you have been given a pink slip. To the best of my knowledge, pink slip is termination.
In case of a termination for misconduct, they need not give you or pay for a notice period. They will issue you a termination letter, so a separate relieving
Enter is not necessary. Further, if they have stated work period in termination letter, they need not give a separate experience service certificate.
However, asking you to pay 2 months notice pay for getting experience letter is illegal and unethical. I think he is actually giving you an opportunity to resign and get a clean separation, which will enabled you to get another job elsewhere. But I am not sure if that will work. Your company is a member of NASSCOM skill registry and will definitely post this in the database.
From India, Mumbai
The domestic enquiry has already decided it was a misconduct. And you have been given a pink slip. To the best of my knowledge, pink slip is termination.
In case of a termination for misconduct, they need not give you or pay for a notice period. They will issue you a termination letter, so a separate relieving
Enter is not necessary. Further, if they have stated work period in termination letter, they need not give a separate experience service certificate.
However, asking you to pay 2 months notice pay for getting experience letter is illegal and unethical. I think he is actually giving you an opportunity to resign and get a clean separation, which will enabled you to get another job elsewhere. But I am not sure if that will work. Your company is a member of NASSCOM skill registry and will definitely post this in the database.
From India, Mumbai
Hi Saswata,
My offer letter states that in case of immediate termination due to misconduct, dismeanor and so on the company will pay the wages for the notice period. So can i bring this forth??
And moreover i cant be showing the termination letter as a experience letter since it would be a blackmark
Please help me with some advise
Regards
From India, Chennai
My offer letter states that in case of immediate termination due to misconduct, dismeanor and so on the company will pay the wages for the notice period. So can i bring this forth??
And moreover i cant be showing the termination letter as a experience letter since it would be a blackmark
Please help me with some advise
Regards
From India, Chennai
Dear Pradeesh,
yes the HR/ company has full right to terminate you on the both grounds, As a HR my advice to you is that you resign from your company as soon as possible instead they terminate you, as this will impact your future career.
company in case of termination is not liable to pay you any compensation or letter.
but for details read your appointment letter carefully.
Dont worry about experience letter as Cognizant is big company they has to follow the FNF process in case of resignation.
So my first suggestion is resign.
From India, Bhopal
yes the HR/ company has full right to terminate you on the both grounds, As a HR my advice to you is that you resign from your company as soon as possible instead they terminate you, as this will impact your future career.
company in case of termination is not liable to pay you any compensation or letter.
but for details read your appointment letter carefully.
Dont worry about experience letter as Cognizant is big company they has to follow the FNF process in case of resignation.
So my first suggestion is resign.
From India, Bhopal
Hi Shalu, The HR is not allowing me to resign, he is asking what he would do with me for the next two months. What should i be doing in this case?
From India, Chennai
From India, Chennai
Ask your HR to relieve you the same day of the resignation, instead of asking for 2 months notice. Your career is more important or the Notice Pay, if in case they terminate you, you will lose both your experience letter as well as your Notice Pay. Last but not the least avoid such kind of misconduct in future, you are earning your bread and butter from the company keep that in mind always.
From India, Ahmadabad
From India, Ahmadabad
Pradeesh,
No HR in this whole universe can stop you from resigning.
so no worry, just give formal resignation and ask your reporting head to accept otherwise follow the terms n condition of your appointment,it will either say to serve notice period or deduction of one or two month basic in lieu of notice period.. so stop going to office after formal resignation, and keep the mail of your resignation on your personal id.or printout.
You are accepting your mistake its the big thing, stop thinking about anything just focus whats is right for your career.
From India, Bhopal
No HR in this whole universe can stop you from resigning.
so no worry, just give formal resignation and ask your reporting head to accept otherwise follow the terms n condition of your appointment,it will either say to serve notice period or deduction of one or two month basic in lieu of notice period.. so stop going to office after formal resignation, and keep the mail of your resignation on your personal id.or printout.
You are accepting your mistake its the big thing, stop thinking about anything just focus whats is right for your career.
From India, Bhopal
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