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 the 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 as 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 signed during joining 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, XYZ Company 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 handover 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 mandatorily 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 any 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 which 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 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. Arising out of such verification or check or otherwise, 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 tests 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 my relieving and experience letter? HR is saying it will be considered an absconding case, and no letter will be given.
From India, Delhi
Acknowledge(0)
Amend(0)
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 the 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 as 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 signed during joining 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, XYZ Company 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 handover 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 mandatorily 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 any 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 which 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 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. Arising out of such verification or check or otherwise, 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 tests 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 my relieving and experience letter? HR is saying it will be considered an absconding case, and no letter will be given.
From India, Delhi
Acknowledge(0)Amend(0)
The sub-clause (d) comes down heavily against you - (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 case, your employment shall automatically come to an end without any notice of termination.
So the company is within its rights to presume that you have abandoned employment by willful absence for more than 7 days, which is an admitted position. But termination of your employment thus and non-issuance of relieving letter and experience letter is another thing; there is no authorization for the latter from the former. At any rate, you are entitled to a relieving letter and experience letter, but it may mention the fact that your employment stood terminated for abandonment.
What is your leave position? You could request an adjustment of leave due with your notice period and pay off the balance.
Notwithstanding your contention that "I have given a proper handover of all my work to another team member and I followed all the policy and guidelines except 90 days hoping that management will understand the problem and release me as there was no dependency on me or any critical task/assignment in my team/project on my side," it is the satisfaction of the management as to serving the notice period that matters, and most management rely on a literal interpretation of the requirement and decline any humanitarian perspective, lest it becomes a precedent and is quoted in non-genuine cases.
You can appeal to the good sense of the top management; perhaps that is the only way forward.
From India, Mumbai
Acknowledge(0)Amend(0)
So the company is within its rights to presume that you have abandoned employment by willful absence for more than 7 days, which is an admitted position. But termination of your employment thus and non-issuance of relieving letter and experience letter is another thing; there is no authorization for the latter from the former. At any rate, you are entitled to a relieving letter and experience letter, but it may mention the fact that your employment stood terminated for abandonment.
What is your leave position? You could request an adjustment of leave due with your notice period and pay off the balance.
Notwithstanding your contention that "I have given a proper handover of all my work to another team member and I followed all the policy and guidelines except 90 days hoping that management will understand the problem and release me as there was no dependency on me or any critical task/assignment in my team/project on my side," it is the satisfaction of the management as to serving the notice period that matters, and most management rely on a literal interpretation of the requirement and decline any humanitarian perspective, lest it becomes a precedent and is quoted in non-genuine cases.
You can appeal to the good sense of the top management; perhaps that is the only way forward.
From India, Mumbai
Acknowledge(0)Amend(0)
This case will fall under absconding? I was unable to serve a 90-day notice period, and other than that, I followed everything, and nothing is pending from my side. HR said they will raise absconding against the employee. Can they do this in this case? What suggestions do you have to get the Full and Final settlement and experience letter from the company? Please advise. Thanks.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
I do not think the clause D would stand as a hurdle. As the terms say, "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."
Further, taking out charge from the hand of the employee speaks to the process of relieving itself. As the employee has already offered to buy out the notice period, there should not be any problem. However, it is hard to believe that the management's role may turn favorable or unfavorable by twisting the clauses to harass. It is time for you to remain cool and deal politely with HR for a smooth exit.
From India, Mumbai
Acknowledge(0)Amend(0)
Further, taking out charge from the hand of the employee speaks to the process of relieving itself. As the employee has already offered to buy out the notice period, there should not be any problem. However, it is hard to believe that the management's role may turn favorable or unfavorable by twisting the clauses to harass. It is time for you to remain cool and deal politely with HR for a smooth exit.
From India, Mumbai
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Five Ways To..Serve Your Notice Period Responsibly.pdf
Notice period.jpg
Notice Period Extension Letter Format.doc