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Tamanna (software engineer)     01 October 2012

Terminated from a software company

Hi Experts,

Need help and guidance.

I am working for an CMM level 5 MNC  in Bangalaore. I have always been one of the best resource in my team and got many recognitions from client, peer and manager.

Issue:
 I have submitted fake bills and claimed.One of  my team member has complained to the HR and now they have decided to terminate me.

I have realized my mistake and paid back all the amount but they are not agreeing for a normal exit and adamant on termination.

Is there any way I can ask for a Normal Exit rather than termination ?



Learning

 6 Replies

Kumar Doab (FIN)     01 October 2012

You have to appeal,seek pardon and request to accept your resignation.

You may find some official in line management,HR or any other resource who may rescue you using his/her influence/discretion and advice to extract  resignation from you and accept immediately.

Try. Company may relieve you without obtaining acceptance of your miscnduct  from you in writing.

Never indulge in such malpractices. The price you may have to can be very high.

Tamanna (software engineer)     01 October 2012

Hi,

Thanks a lot for your advice.

I have tried to convince but no one is listening. At present I am at onsite and they have asked me to come back.
 I am ready to come back but as per the contract I have signed before coming to onsite says that if I opt to come back before 2 years I need to pay them. Now my company is asking me to resign from onsite, pay them the contract amount and then they will terminate me from India.

I have already paid them the amount which I claimed, now they want me to risign from Onsite so that I again pay them back the amount as per the signed contract.

Even after doing all the aobve things they are not ready to make my exit smoother.

 

Kumar Doab (FIN)     01 October 2012

Company shall have to find and induct your replacement, hence the demand of the company to pay the amount. In any case termination has been decided.

Termination is justified too. The only relief your company indicating to you is probably that no complaint for the offence is being filed and matter is being resolved within walls of the office, as per the decision of higher authorities as deemed fit. Company does not want to bear any expense of complaint and legal support at your location.

You shall have to work out a way out for yourself, to wriggle out of situation.

Approach a lawyer in person at your location and show all records, docs, onsite appointment order, and give inputs in writing. Who is paying you the salary and in case of Master Servant relationship {Employment Contract} who is the Master {Employer}? Who shall conduct the inquiry, onsite employer or Indian employer? Are you a workman?

Your lawyer {at your workplace} may advice you not to accept anything in writing, and may have a strategy to help you exit without heavy and damaging penalty. Your lawyer may advice you that company may call you back in writing.

If you come back, you may first firm up a lawyer for you, and approach in person.

Online consultation has its own limitations.

There are corrupt individuals around, and your employer may also be corrupt, however it does not mean that employee should be corrupt. Let it be the last such mistake.

Your lawyer may advice that there is no merit and scope of defense.

Your employer may be a strong willed employer. You are closest to facts.

You alone shall have to take a final call. Weigh all pros and cons. Seek the counsel of elders in the family, competent and experienced well wishers. Your elders and influential acquaintances may be able to convince your Indian Office to spare you with loss of employment by resignation, and company may agree by accepting the payment as per contract and resignation.

 

Kumar Doab (FIN)     01 October 2012

UNITES Professionals

is said to be the premium union for IT personnel.

You may speak to them. They may be in a position to mediate or help you.

M.S.R.Murty ( Manager (Admn))     02 October 2012

Mr.Kumar ji,

you are absolutely right

Kumar Doab (FIN)     02 October 2012

Termination order with reason of termination can be highly damaging.

Approach a lawyer.

There is always a way out.


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