I have recently joined an MNC for a hefty package. But on the joining day, they informed me that I will be working for another 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 another company in the payroll of this organization, I decided to abscond from the first day. My user name is not activated, and I haven't created or updated any bank account, but I was given an employee ID. After 2 days, I received an email saying that I didn't pick up their call, or my mobile was switched off, so they filed an FIR as a missing employee.
In the agreement, it was written that in case of absconding or leave of absence, I should serve a notice period of 2 months or pay the amount, and it's left to the employer to decide on that. Please suggest what I should do next. I have already joined another organization and completed 3 days...
From India, Bangalore
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1In the agreement, it was written that in case of absconding or leave of absence, I should serve a notice period of 2 months or pay the amount, and it's left to the employer to decide on that. Please suggest what I should do next. I have already joined another organization and completed 3 days...
From India, Bangalore
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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
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From India, Mumbai
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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
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From India, Bangalore
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Dear Umapathh,
It is really very bad that you chose to run away in such an unprofessional manner rather than handling the issue in a more professionally mature way. Don't worry, people can't just walk into a police station and file a missing persons report. Not joining a company is not categorized as a crime under the IPC, so they cannot file an FIR as they claim they can. You don't have to worry about anything as they are bluffing about filing an FIR. I believe you would be on probation, so the serving of a two-month notice won't arise.
Regards,
Octavious
From India, Mumbai
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It is really very bad that you chose to run away in such an unprofessional manner rather than handling the issue in a more professionally mature way. Don't worry, people can't just walk into a police station and file a missing persons report. Not joining a company is not categorized as a crime under the IPC, so they cannot file an FIR as they claim they can. You don't have to worry about anything as they are bluffing about filing an FIR. I believe you would be on probation, so the serving of a two-month notice won't arise.
Regards,
Octavious
From India, Mumbai
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Hi Octavius,
Thank you for the reply. Can they take any legal proceedings against me as I didn't inform them formally? Will it affect me in the future if I choose not to disclose this experience in my career? Do they update this information in any third-party centralized tools? Will it have any impact on my visa or any onsite opportunities?
Please let me know if you need further clarification.
From India, Bangalore
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Thank you for the reply. Can they take any legal proceedings against me as I didn't inform them formally? Will it affect me in the future if I choose not to disclose this experience in my career? Do they update this information in any third-party centralized tools? Will it have any impact on my visa or any onsite opportunities?
Please let me know if you need further clarification.
From India, Bangalore
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Please note that an appointment letter is a form of contract, and a breach of any contract is an offense enforceable in civil court. What is the clause for a probationary employee? Generally, it is given as: "During probation, the employer can terminate the employee at any time without giving any reason." If it is written like that, then there would be no notice period.
Regarding the law: Double employment is a punishable offense. If your employer files a suit in civil court, then you will land in a problem. So, just go and give them your resignation. Complete all separation formalities like clearance. Please never do this again with any other company.
From India, Mumbai
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Regarding the law: Double employment is a punishable offense. If your employer files a suit in civil court, then you will land in a problem. So, just go and give them your resignation. Complete all separation formalities like clearance. Please never do this again with any other company.
From India, Mumbai
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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, your mind will be at peace, and then you can make other decisions rationally.
V. Raghunathan
From India
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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, your mind will be at peace, and then you can make other decisions rationally.
V. Raghunathan
From India
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As opined by Raghunathan, you may send a resignation letter and state therein that you were given an offer to work with XXX company. However, it was only after your joining that you came to know you had to work for YYY company, which you would not like. You should mention that consensus ad idem (meeting of minds), an essential element of a valid agreement, was not present in the contract of employment signed by both of you, rendering the contract invalid.
As said by Octavious, an FIR cannot be filed in such cases, and the right to choose the employer lies with the employee.
Madhu.T.K
From India, Kannur
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As said by Octavious, an FIR cannot be filed in such cases, and the right to choose the employer lies with the employee.
Madhu.T.K
From India, Kannur
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You made a mistake by absconding without any intimation, which is unprofessional. The question now is how to correct this situation. Since you are apparently in software, remember that you could be blacklisted on the NASSCOM skill registry, which may cause issues for you in the future. Therefore, it is important to ensure all your paperwork is in order.
I will await the opinion of our seniors on whether the matter should be disclosed to the employer from a strategic standpoint. First, you should draft a letter to the employer stating your refusal to accept the employment. Clearly outline that the terms of your recruitment differed from what was presented on the joining date. You believed you were to work for XYZ company, but upon joining, you were informed you would actually be working for ABC, which does not interest you. This misrepresentation of the terms of employment breaches trust, and as a result, you are not interested in continuing with them. Additionally, mention that you raised this issue with HR, but it was not acknowledged.
In my opinion, this provides strong grounds to terminate the contract without serving the purported 2-month notice period. The filing of a missing person FIR is concerning. If they have indeed filed it, they could face legal repercussions for misusing the criminal justice system, and the manager could be arrested for knowingly filing a false FIR.
However, the potential reaction of your new employer upon receiving a notice or email from the previous employer is uncertain. It is important to handle this situation delicately and professionally.
From India, Mumbai
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I will await the opinion of our seniors on whether the matter should be disclosed to the employer from a strategic standpoint. First, you should draft a letter to the employer stating your refusal to accept the employment. Clearly outline that the terms of your recruitment differed from what was presented on the joining date. You believed you were to work for XYZ company, but upon joining, you were informed you would actually be working for ABC, which does not interest you. This misrepresentation of the terms of employment breaches trust, and as a result, you are not interested in continuing with them. Additionally, mention that you raised this issue with HR, but it was not acknowledged.
In my opinion, this provides strong grounds to terminate the contract without serving the purported 2-month notice period. The filing of a missing person FIR is concerning. If they have indeed filed it, they could face legal repercussions for misusing the criminal justice system, and the manager could be arrested for knowingly filing a false FIR.
However, the potential reaction of your new employer upon receiving a notice or email from the previous employer is uncertain. It is important to handle this situation delicately and professionally.
From India, Mumbai
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Dear Umapathh,
The company has accepted that you have absconded and have been willfully absent from the job. They have understood that you will not be working with them and so they have sent you a letter demanding money in lieu of your notice period.
As they have sent you a 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. Coming back and demanding money would pose a certain amount of a problem for the company because if the company demands the money, it would mean that they, under the disguise of penalizing its employees, are illegally enriching themselves.
No, it will not cause any visa issues for you. Involving a third party to cause trouble in your profession and social life would amount to defamation and a violation of your rights guaranteed under the Constitution of India and various other laws.
Professional ethics demand 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 through the notice demanding money in lieu of two months' notice.
Further filing a civil case would mean additional costs and a long-drawn process, and hence the company would avoid the same. But if your illegitimate exit has become an ego issue or if they want to send a strong message, they might file a civil case against you. Even then, the chance of the company winning the case would be very minimal.
Regards,
Octavious
From India, Mumbai
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The company has accepted that you have absconded and have been willfully absent from the job. They have understood that you will not be working with them and so they have sent you a letter demanding money in lieu of your notice period.
As they have sent you a 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. Coming back and demanding money would pose a certain amount of a problem for the company because if the company demands the money, it would mean that they, under the disguise of penalizing its employees, are illegally enriching themselves.
No, it will not cause any visa issues for you. Involving a third party to cause trouble in your profession and social life would amount to defamation and a violation of your rights guaranteed under the Constitution of India and various other laws.
Professional ethics demand 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 through the notice demanding money in lieu of two months' notice.
Further filing a civil case would mean additional costs and a long-drawn process, and hence the company would avoid the same. But if your illegitimate exit has become an ego issue or if they want to send a strong message, they might file a civil case against you. Even then, the chance of the company winning the case would be very minimal.
Regards,
Octavious
From India, Mumbai
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I think he should send a reply stating that he has refused to accept employment with them as they have changed the terms of employment, hidden critical facts from him, and that it is unacceptable. Furthermore, since they have breached the terms on which he accepted the job, he is not liable to serve the terms of the notice period. Keeping this on record should help, I think.
During the visa process, the embassy generally checks for any existing cases against the applicant and in most cases, deny the visa. Allowing the matter to go to court should be avoided.
From India, Mumbai
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During the visa process, the embassy generally checks for any existing cases against the applicant and in most cases, deny the visa. Allowing the matter to go to court should be avoided.
From India, Mumbai
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Hi Octavius,
They have sent an email stating that they have registered an FIR for a missing employee. However, they have not yet accepted my resignation or exit since I have not formally communicated either by email, tool, or orally. I simply absconded when I found out that I would be working for another MNC under the payroll of this MNC.
Regards, NivazDeen.
From India, Bangalore
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They have sent an email stating that they have registered an FIR for a missing employee. However, they have not yet accepted my resignation or exit since I have not formally communicated either by email, tool, or orally. I simply absconded when I found out that I would be working for another MNC under the payroll of this MNC.
Regards, NivazDeen.
From India, Bangalore
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Dear Anonymous/NivazDeen/Umapathh,
You can either wait for them to react, or you can send them your resignation letter.
As they have made a false claim of FIR, I believe you should wait for some more days. If they don't act or react, then forget the entire chapter and move ahead in life.
As mentioned earlier by me, there won't be any problem in your visa process and your future employment, provided they don't file a civil case against you, which, going by their act, I don't feel they would do.
I believe instead of sending them a resignation letter, you should write a letter withdrawing your acceptance of the offer made by them, stating that your consent for this employment contract was obtained with deceit, and the deceit was understood only after you were introduced to the internal policy and procedure governing this position.
By claiming that your consent for this employment contract was obtained by deceit, you would put the entire terms and conditions of your employment contract with the company in jeopardy. Thus, you would nullify the entire contract and also challenge the entire contract, thus avoiding giving two months' salary in lieu of the notice period.
But for the love of God, please do not engage yourself in such activities and abstain from such unethical and unprofessional attitudes towards your work. What you do defines you, so you as a professional must act in a mature professional all the time under any circumstances.
Hope you might have learned your lesson from this incident.
Regards,
Octavious
From India, Mumbai
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You can either wait for them to react, or you can send them your resignation letter.
As they have made a false claim of FIR, I believe you should wait for some more days. If they don't act or react, then forget the entire chapter and move ahead in life.
As mentioned earlier by me, there won't be any problem in your visa process and your future employment, provided they don't file a civil case against you, which, going by their act, I don't feel they would do.
I believe instead of sending them a resignation letter, you should write a letter withdrawing your acceptance of the offer made by them, stating that your consent for this employment contract was obtained with deceit, and the deceit was understood only after you were introduced to the internal policy and procedure governing this position.
By claiming that your consent for this employment contract was obtained by deceit, you would put the entire terms and conditions of your employment contract with the company in jeopardy. Thus, you would nullify the entire contract and also challenge the entire contract, thus avoiding giving two months' salary in lieu of the notice period.
But for the love of God, please do not engage yourself in such activities and abstain from such unethical and unprofessional attitudes towards your work. What you do defines you, so you as a professional must act in a mature professional all the time under any circumstances.
Hope you might have learned your lesson from this incident.
Regards,
Octavious
From India, Mumbai
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At any time, absconding from any job is not a professional or ethical practice. Whatever your problems, you should face them and exit gracefully. Now that you have already done this, there is no looking back. The only potential issue may arise if they find your new company and inform them of your unprofessional behavior, which could result in your immediate termination. Have your reasons ready for your exit, and if the new company inquires, respond appropriately.
Best Regards,
Dolphy
From India, Madras
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Best Regards,
Dolphy
From India, Madras
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Hello Anonymous/NivazDeen/Umapathh,
Any reason for these multiple identities?
I am not sure of your experience level.
If you have just entered your career, then it could be presumed that your actions—absconding, etc.—were plain immaturity due to a lack of experience in the real world.
However, IF you already have considerable experience, your actions can ONLY POINT to the hell-may-care/arrogant attitude that you exhibited.
No one would insist that you need to accept the changed terms of employment on the day of joining. However, basic professionalism as well as ethics and courtesy demand that you CONVEY your feelings/views to the Company.
Just because the Company didn't follow the agreed-upon terms DOESN'T MEAN that you can just walk away. Maybe, at least now you WON'T EVER repeat such a thing again in your career—sometimes it does take a few knocks to get things into one's head.
Like the other members pointed out, the Company's version about the FIR is just a pressure tactic EXCEPT...REPEAT EXCEPT...under EITHER of these two situations: (1) you took away some company property [whatever it may be] while walking off in a huff OR (2) the Company cooked up some theft against you to...from their perspective...teach you a lesson and make it an example to other employees.
The reason why I am NOT ruling out (1) above is basic human psychology [let me caution you NOT to come to any conclusions here—I am pointing out the POSSIBILITIES and NOT what could/would have happened]—when someone who can walk off in a huff without showing the basic terms of disengagement is also prone/capable of doing what I mentioned...just to spite the other guy/entity. I have seen it happen.
Regarding your response, I am with Saswata Banerjee in this regard—it's always better to keep things on record—especially in situations where things have taken such a turn. IF you don't do so ASAP, there's always a chance this lack of communication from your end can be used AGAINST you later IF and WHEN things turn nasty—better to take precautions than be sorry later.
However, the point Octavious mentioned is also valid—all you would need is to choose your wordings carefully that BOTH cover your position as well as don't give any chance for the Company to take advantage.
All the Best.
Rgds,
TS
From India, Hyderabad
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Any reason for these multiple identities?
I am not sure of your experience level.
If you have just entered your career, then it could be presumed that your actions—absconding, etc.—were plain immaturity due to a lack of experience in the real world.
However, IF you already have considerable experience, your actions can ONLY POINT to the hell-may-care/arrogant attitude that you exhibited.
No one would insist that you need to accept the changed terms of employment on the day of joining. However, basic professionalism as well as ethics and courtesy demand that you CONVEY your feelings/views to the Company.
Just because the Company didn't follow the agreed-upon terms DOESN'T MEAN that you can just walk away. Maybe, at least now you WON'T EVER repeat such a thing again in your career—sometimes it does take a few knocks to get things into one's head.
Like the other members pointed out, the Company's version about the FIR is just a pressure tactic EXCEPT...REPEAT EXCEPT...under EITHER of these two situations: (1) you took away some company property [whatever it may be] while walking off in a huff OR (2) the Company cooked up some theft against you to...from their perspective...teach you a lesson and make it an example to other employees.
The reason why I am NOT ruling out (1) above is basic human psychology [let me caution you NOT to come to any conclusions here—I am pointing out the POSSIBILITIES and NOT what could/would have happened]—when someone who can walk off in a huff without showing the basic terms of disengagement is also prone/capable of doing what I mentioned...just to spite the other guy/entity. I have seen it happen.
Regarding your response, I am with Saswata Banerjee in this regard—it's always better to keep things on record—especially in situations where things have taken such a turn. IF you don't do so ASAP, there's always a chance this lack of communication from your end can be used AGAINST you later IF and WHEN things turn nasty—better to take precautions than be sorry later.
However, the point Octavious mentioned is also valid—all you would need is to choose your wordings carefully that BOTH cover your position as well as don't give any chance for the Company to take advantage.
All the Best.
Rgds,
TS
From India, Hyderabad
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Mr. Dhanraj,
Your trouble will be if you have informed the present company of your job status at the time of joining.
Solution: Send a resignation letter stating that you had applied to work in that company only, not in any other place, and that you had signed to be on the job for sustenance.
Like the other people have advised, please know that in a globalized scenario, professional ethics and etiquette are given weightage.
Regards,
Iyer R N
From India, Madras
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Your trouble will be if you have informed the present company of your job status at the time of joining.
Solution: Send a resignation letter stating that you had applied to work in that company only, not in any other place, and that you had signed to be on the job for sustenance.
Like the other people have advised, please know that in a globalized scenario, professional ethics and etiquette are given weightage.
Regards,
Iyer R N
From India, Madras
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In Umapathi Dhanraj's case, why did the HR fraternity not inform him of the changes well in advance and provide him with time to rethink the new assignment? This is a very strange situation faced by Mr. Umapathi. We did not place ourselves in his position; he might have proudly told his friends and relatives that he was joining this reputed MNC in this position. All his dreams were shattered when he was given a different assignment. In my view, he did the right thing by securing his job first and rejoining his previous company.
How can the HR department of the MNC advise lodging an FIR for being absent from work, instead of reaching out to him and his references? I am also curious to know from experts, if the HR department is unable to resolve employee grievances, is there a need for HR personnel in the industry.
From India, Pune
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How can the HR department of the MNC advise lodging an FIR for being absent from work, instead of reaching out to him and his references? I am also curious to know from experts, if the HR department is unable to resolve employee grievances, is there a need for HR personnel in the industry.
From India, Pune
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Dear Umapathi D,
We have seen lots of posts relating to 'absconding' from both the employers' side and employees' side as well. Almost all suggestions here stress that no one should abscond; rather, they should properly submit their resignation papers and handle the separation amicably. In your case, although you might believe it is acceptable to just slip away without any trace, it is not a healthy practice. You should have properly documented your dissent and resigned formally. Now, the situation has escalated to involve the police. This may end up causing you sleepless nights. I am not aware of any actions you have taken since learning about their steps. Given the circumstances, especially with the police involved, it may be advisable to consult a competent advocate to proceed according to their recommendations.
From India, Bangalore
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We have seen lots of posts relating to 'absconding' from both the employers' side and employees' side as well. Almost all suggestions here stress that no one should abscond; rather, they should properly submit their resignation papers and handle the separation amicably. In your case, although you might believe it is acceptable to just slip away without any trace, it is not a healthy practice. You should have properly documented your dissent and resigned formally. Now, the situation has escalated to involve the police. This may end up causing you sleepless nights. I am not aware of any actions you have taken since learning about their steps. Given the circumstances, especially with the police involved, it may be advisable to consult a competent advocate to proceed according to their recommendations.
From India, Bangalore
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According to Saswata Banerjee, you will be blacklisted on NASSCOM's skill registry for absconding. My question is, can the company do this despite contract violations and offering something other than what was agreed upon? Does NASSCOM proceed without analyzing the real issue before blacklisting a candidate?
From India, Bangalore
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From India, Bangalore
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Dear Sir or Madam,
The company has committed fraud against you, and your response was to quit the job. I believe that was the best course of action.
Regarding your query, I have noticed that some individuals have posed irrelevant questions. Your decision-making has been sound, and it is final. Please rest assured, I am here to offer a solution. Do not be intimidated by the company's FIR. It holds no legal standing as it lacks ethical justification.
Now that you have departed from the company and transitioned to a new one, refrain from submitting any resignation or writing any correspondence to the previous company. Doing so may inadvertently provide evidence of your employment history with them.
Furthermore, avoid accepting any communication from your former employer. This will help you distance yourself from any potential disputes.
I wish you the best of luck in your new position.
Should you require further assistance, please do not hesitate to contact me.
If you found this information helpful, please keep me informed. You can also reach out to me via email at avinashdhomse@yahoo.com, or connect with me on Facebook or follow me on Twitter @avinashdhomse.
Thank you.
Best wishes,
Avinash Dhomse
Ahmedabad.
From India, Ahmedabad
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The company has committed fraud against you, and your response was to quit the job. I believe that was the best course of action.
Regarding your query, I have noticed that some individuals have posed irrelevant questions. Your decision-making has been sound, and it is final. Please rest assured, I am here to offer a solution. Do not be intimidated by the company's FIR. It holds no legal standing as it lacks ethical justification.
Now that you have departed from the company and transitioned to a new one, refrain from submitting any resignation or writing any correspondence to the previous company. Doing so may inadvertently provide evidence of your employment history with them.
Furthermore, avoid accepting any communication from your former employer. This will help you distance yourself from any potential disputes.
I wish you the best of luck in your new position.
Should you require further assistance, please do not hesitate to contact me.
If you found this information helpful, please keep me informed. You can also reach out to me via email at avinashdhomse@yahoo.com, or connect with me on Facebook or follow me on Twitter @avinashdhomse.
Thank you.
Best wishes,
Avinash Dhomse
Ahmedabad.
From India, Ahmedabad
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I am not convinced by the reply; rather, the manner in which the reply has been posted by Avinash Dhomse. It seems that many of us who have given advice on the matter are irrelevant, and only the reply given by Avinash should be followed. For further queries relating to it, Umapath Dhanraj shall contact him only, and that also privately by mailing him. This should be interpreted as if we all have given wrong guidance, and our guidance should not be followed.
Regarding what Avinash has said about the solution, I also have a difference of opinion. Not sending a resignation letter and not accepting letters sent by the previous company will not make any difference. If he does so, I feel that would be a conclusive proof that the employee has abandoned the job. Our intention here is to avoid such a scenario and make the leaving proper.
I would also like to say that this is a forum wherein a solution is arrived at by means of brainstorming, and I would also like to state that this is not a forum to canvass clients.
Regards,
Madhu.T.K
From India, Kannur
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Regarding what Avinash has said about the solution, I also have a difference of opinion. Not sending a resignation letter and not accepting letters sent by the previous company will not make any difference. If he does so, I feel that would be a conclusive proof that the employee has abandoned the job. Our intention here is to avoid such a scenario and make the leaving proper.
I would also like to say that this is a forum wherein a solution is arrived at by means of brainstorming, and I would also like to state that this is not a forum to canvass clients.
Regards,
Madhu.T.K
From India, Kannur
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NASSCOM Skill Registry does not verify anything but simply accepts what is added by employers (NASSCOM members). It's a voluntary database, and therefore there are no statutory rules, only what NASSCOM applies internally. There must be an internal grievance handling procedure, but I have not heard of anyone using it. If ever challenged in court, I suspect the database will be dismantled since there is no natural justice. NASSCOM, while being a private organization (Union of employers), could be liable for conspiracy to deny the right to employment. However, no one has the money or time to take up the challenge.
From India, Mumbai
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From India, Mumbai
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I am with Madhu TK's remarks regarding Avinash Dhomse's suggestions.
@ Avinash Dhomse--
Please note that the thread initiator has NOT QUIT, as you mentioned. HE ABSCONDED, which is a significant difference.
Also, those with some experience in this Forum would know that the inputs/info by any thread initiator would often be EITHER incomplete (due to the inability to judge what to mention and what not to) OR partial (by intent).
I have a "very strong feeling" that this thread initiator has purposely chosen to give ONLY those facts of the case that suit or affect him (falling into the category of "what I said is completely true, but not the complete truth"). There are three reasons for this:
1. He used multiple aliases - not an issue per se, but he hasn't bothered to give reasons.
2. Where has he been since his last posting on 11 Oct when all the members have been spending time focusing on giving him actionable solutions/suggestions?
3. He says it's an MNC. MNCs usually have very clear methods/processes for handling any escalation of issues - this one leading to the filing of an FIR - especially when possible actions lead outside the Company. Was this initiator being economical with the truth or giving HIS version of it?
I also believe it's only fair to bear in mind the original intent of this Forum - that of sharing issues/problems ALONG WITH their solutions - so that everyone can benefit.
Saswata Banerjee is right about NASSCOM - like with any facility, some companies do misuse NASSCOM too. Until someone takes it up.
Regards,
TS
From India, Hyderabad
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@ Avinash Dhomse--
Please note that the thread initiator has NOT QUIT, as you mentioned. HE ABSCONDED, which is a significant difference.
Also, those with some experience in this Forum would know that the inputs/info by any thread initiator would often be EITHER incomplete (due to the inability to judge what to mention and what not to) OR partial (by intent).
I have a "very strong feeling" that this thread initiator has purposely chosen to give ONLY those facts of the case that suit or affect him (falling into the category of "what I said is completely true, but not the complete truth"). There are three reasons for this:
1. He used multiple aliases - not an issue per se, but he hasn't bothered to give reasons.
2. Where has he been since his last posting on 11 Oct when all the members have been spending time focusing on giving him actionable solutions/suggestions?
3. He says it's an MNC. MNCs usually have very clear methods/processes for handling any escalation of issues - this one leading to the filing of an FIR - especially when possible actions lead outside the Company. Was this initiator being economical with the truth or giving HIS version of it?
I also believe it's only fair to bear in mind the original intent of this Forum - that of sharing issues/problems ALONG WITH their solutions - so that everyone can benefit.
Saswata Banerjee is right about NASSCOM - like with any facility, some companies do misuse NASSCOM too. Until someone takes it up.
Regards,
TS
From India, Hyderabad
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Hi all,
Thanks for your replies. I decided to go with Octavius by dropping the mail for revoking the offer, and I communicated to them orally my unwillingness to work for the other company. There was no follow-up from the other company, and I ignored that chapter.
Regarding aliases, I got those questions in an email from my friend and I copy-pasted without removing the signature. I tried to edit but was not able to do so. So, I changed the status to anonymous.
This is, of course, my version of the story that happened, but it is the one that actually happened. I am still waiting for their reply to proceed further, but there is no reply as of now from their side. I will keep everyone updated when I get a reply. Once again, thanks for your valuable time.
From India, Bangalore
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Thanks for your replies. I decided to go with Octavius by dropping the mail for revoking the offer, and I communicated to them orally my unwillingness to work for the other company. There was no follow-up from the other company, and I ignored that chapter.
Regarding aliases, I got those questions in an email from my friend and I copy-pasted without removing the signature. I tried to edit but was not able to do so. So, I changed the status to anonymous.
This is, of course, my version of the story that happened, but it is the one that actually happened. I am still waiting for their reply to proceed further, but there is no reply as of now from their side. I will keep everyone updated when I get a reply. Once again, thanks for your valuable time.
From India, Bangalore
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It's my problem only, but he wants to know whether the action affects NSR and others. It's better to concentrate on the problem rather than analyzing the identity. The solution is going to be the same irrespective of who is asking the question.
From India, Bangalore
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From India, Bangalore
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While this forum is more interested in the exchange of knowledge and ideas, we are also interested in knowing whether we are faffing in the air or actually helping someone. Else, I can create a new case study every day for the forum to discuss.
So it pays to be truthful, give all information, and post in a manner that the members feel it's real. Posting someone else's query as your own, using multiple names, etc., does not reflect nicely. Anyway, you have hopefully got the answers you are looking for.
From India, Mumbai
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So it pays to be truthful, give all information, and post in a manner that the members feel it's real. Posting someone else's query as your own, using multiple names, etc., does not reflect nicely. Anyway, you have hopefully got the answers you are looking for.
From India, Mumbai
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I have already clearly mentioned that my friend wants to know whether my actions may result in NSR/NASCOM. I have updated it and these were my queries as well. Do you expect each query to be started as a new discussion?
Besides, this forum addresses all the queries, and it depends on the people to decide whether they need to register their answer or not. So, if you are not interested in registering your answer, please refrain yourselves rather than diverting from the actual cause. There are many people here to help, irrespective of the nature of the problem one is facing. When a person needs help, only then will they post, not because they have nothing to do and are wasting others' time.
To those who have posted their suggestions, I thank you for your valuable time. Your answers have helped me return to normal rather than repeatedly thinking about the same problem. Please do not consider the comments of the individuals mentioned above and refrain from helping. There will be someone who will definitely benefit from your useful advice.
From India, Bangalore
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Besides, this forum addresses all the queries, and it depends on the people to decide whether they need to register their answer or not. So, if you are not interested in registering your answer, please refrain yourselves rather than diverting from the actual cause. There are many people here to help, irrespective of the nature of the problem one is facing. When a person needs help, only then will they post, not because they have nothing to do and are wasting others' time.
To those who have posted their suggestions, I thank you for your valuable time. Your answers have helped me return to normal rather than repeatedly thinking about the same problem. Please do not consider the comments of the individuals mentioned above and refrain from helping. There will be someone who will definitely benefit from your useful advice.
From India, Bangalore
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Dear Umapath,
If you are so worried about NASSCOM Skill Registry, then visit the website of NASSCOM Skill Registry itself. When you visit NASSCOM Skill Registry, you will be able to clearly read the following statement: "The profile of the knowledge professional is controlled by the candidate himself in all aspects."
I am positively affirmative that you would appreciate my absence from this discussion henceforth.
Regards,
Octavious
From India, Mumbai
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If you are so worried about NASSCOM Skill Registry, then visit the website of NASSCOM Skill Registry itself. When you visit NASSCOM Skill Registry, you will be able to clearly read the following statement: "The profile of the knowledge professional is controlled by the candidate himself in all aspects."
I am positively affirmative that you would appreciate my absence from this discussion henceforth.
Regards,
Octavious
From India, Mumbai
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I have never gone to NSR part of the site, so I only have second-hand info. There is a part of NSR that is visible only to employers. It gives the blacklist, that is, details of former employees who have been blacklisted by the employers and reasons thereof. NASSCOM members refer to that when hiring. If you are on the blacklist, you will not get a job from NASSCOM members as they know you created a problem for someone else. And that is where the most critical function (or dangerous from an employee point of view) lies. Is this blacklist visible to the employees? Has anyone checked it? Since you have gone to the website, please update my knowledge on this.
From India, Mumbai
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From India, Mumbai
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I am sorry that I am only able to give my comment now on this topic as I have just seen this thread at this moment.
In my opinion, Umakanth did not abscond as he did not join the original company. Absconding can only happen when you work in a company for at least a day. In this case, he seems to have signed an appointment letter, which would mean agreeing to all the conditions mentioned therein, but he has not joined the job itself. Hence, the said company cannot file a missing person's complaint as he has not become an employee, i.e., working with the company for at least a day.
However, professionalism demands that Umakanth informs the previous company that he has already joined another company and the reason why he has not joined the company which was offering him third-party work.
Regards,
Srinivas
From India, Hyderabad
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In my opinion, Umakanth did not abscond as he did not join the original company. Absconding can only happen when you work in a company for at least a day. In this case, he seems to have signed an appointment letter, which would mean agreeing to all the conditions mentioned therein, but he has not joined the job itself. Hence, the said company cannot file a missing person's complaint as he has not become an employee, i.e., working with the company for at least a day.
However, professionalism demands that Umakanth informs the previous company that he has already joined another company and the reason why he has not joined the company which was offering him third-party work.
Regards,
Srinivas
From India, Hyderabad
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Hi Friends,
I do not understand why one should abscond when there are options before oneself regarding not accepting the job.
If you are told that you will be on the rolls of the particular company A and will be working for them, and the offer/appointment letter also states that clearly, you can always take up the matter and tell the concerned people that their actions are unprofessional and they have misled you into signing the offer/appointment letter. Then you have a case of quitting the company as per the rules agreed.
Whenever one gets an offer letter or appointment letter, please read, understand everything that is printed out there and then accept. Also make sure to clarify every aspect of the employment (like this one where one was asked to work at another company while being in the roles of another) and make it clear to them about your concerns too.
Use the option of making public the unethical and unprofessional work culture of the company by revealing it to the public wherein at least some other prospective employees won't suffer on account of lack of information. Such companies will definitely lose talented employees - current and future.
There is nothing to fear when you get a notice. They are trying to arm-twist you or trying to push you into doing something more stupid. You can consult a lawyer who specializes in Labour Law and related matters and approach the labor department. The best thing to do is to send in a resignation letter and state the facts - based on which you had joined them and how they misled you into signing it - hence your resignation. Before pointing a finger at the company, read all the clauses in the appointment letter and verify if they have said anything about your being posted to another company to work while being in the former's rolls. At least from now on, read, understand, and if you are satisfied, only then join any company. There are hundreds of such black sheep MNCs out there who exploit employees. Do not forget that there are thousands of good Indian companies too who are ethical in their approach and work culture.
I have seen many companies during interviews want the employee to join immediately and leave their current job on a day's notice. But their own offer letter always states that the notice period to be served in case the employee wants to quit the job generally around 2-3 months. Always ask them bluntly why this clause in the offer/appointment letter while they expect you to quit the current one instantly to join them and ask them to reduce it to the same on the terms they asked you to join them or fix it to a 15-30 days period. If they are not willing or flexible, say goodbye right at that stage and walk out. Do this while you have a job in hand. Do not resign in haste because the other offer is mouthwatering.
From India, Bangalore
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I do not understand why one should abscond when there are options before oneself regarding not accepting the job.
If you are told that you will be on the rolls of the particular company A and will be working for them, and the offer/appointment letter also states that clearly, you can always take up the matter and tell the concerned people that their actions are unprofessional and they have misled you into signing the offer/appointment letter. Then you have a case of quitting the company as per the rules agreed.
Whenever one gets an offer letter or appointment letter, please read, understand everything that is printed out there and then accept. Also make sure to clarify every aspect of the employment (like this one where one was asked to work at another company while being in the roles of another) and make it clear to them about your concerns too.
Use the option of making public the unethical and unprofessional work culture of the company by revealing it to the public wherein at least some other prospective employees won't suffer on account of lack of information. Such companies will definitely lose talented employees - current and future.
There is nothing to fear when you get a notice. They are trying to arm-twist you or trying to push you into doing something more stupid. You can consult a lawyer who specializes in Labour Law and related matters and approach the labor department. The best thing to do is to send in a resignation letter and state the facts - based on which you had joined them and how they misled you into signing it - hence your resignation. Before pointing a finger at the company, read all the clauses in the appointment letter and verify if they have said anything about your being posted to another company to work while being in the former's rolls. At least from now on, read, understand, and if you are satisfied, only then join any company. There are hundreds of such black sheep MNCs out there who exploit employees. Do not forget that there are thousands of good Indian companies too who are ethical in their approach and work culture.
I have seen many companies during interviews want the employee to join immediately and leave their current job on a day's notice. But their own offer letter always states that the notice period to be served in case the employee wants to quit the job generally around 2-3 months. Always ask them bluntly why this clause in the offer/appointment letter while they expect you to quit the current one instantly to join them and ask them to reduce it to the same on the terms they asked you to join them or fix it to a 15-30 days period. If they are not willing or flexible, say goodbye right at that stage and walk out. Do this while you have a job in hand. Do not resign in haste because the other offer is mouthwatering.
From India, Bangalore
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The only difference of opinion I have with this post is that he should not send a resignation when he didn't actually join. Instead, he should reply to the notice saying he didn't join on account of a change in service terms from the offer.
From India, Mumbai
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From India, Mumbai
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Hello Ms. Saswata Banerjee,
The thread has generated an interesting long debate. If you may please see the beginning of the thread, he has joined the company as seen from his own words in the first sentence:
"I have recently joined an MNC for a hefty package. But on the joining day, they informed me that I will be working for another company on the payroll of this MNC. I have already signed the agreement on the joining day. Since I don't like to work for another company on the payroll of this company, I decided to abscond from the first day..." - attribution https://www.citehr.com/508717-i-got-...#ixzz3HKkppjlM
The third sentence also reinforces it. He mentions that he signed the agreement on the joining day. In this case, "joining" is as per the documents, even though it may not be physical presence and work.
V. Raghunathan
From India
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The thread has generated an interesting long debate. If you may please see the beginning of the thread, he has joined the company as seen from his own words in the first sentence:
"I have recently joined an MNC for a hefty package. But on the joining day, they informed me that I will be working for another company on the payroll of this MNC. I have already signed the agreement on the joining day. Since I don't like to work for another company on the payroll of this company, I decided to abscond from the first day..." - attribution https://www.citehr.com/508717-i-got-...#ixzz3HKkppjlM
The third sentence also reinforces it. He mentions that he signed the agreement on the joining day. In this case, "joining" is as per the documents, even though it may not be physical presence and work.
V. Raghunathan
From India
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Part I Employee Action Analyse.doc
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