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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 unacceptable. Further that 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 visa process, the embassy generally checks for any existing cases against the applicant and in most cases deny the visa. She allowing the matter to go to court should be avoided

From India, Mumbai
Anonymous
1

Hi Octavius,
They have sent a mail stating that they have registered an FIR as missing employee. But till now they have not accepted my resignation/exit since i have not formally communicated either by mail/tool/oral. I have just absconded when i came to know that i will be working for other MNC in the payroll of this MNC.
Regards,
NivazDeen.

From India, Bangalore
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 and if they dont act or react then forget the entire chapter and move ahead in life.

As mentioned earlier by me, there wont be any problem in your visa process and your future employment, provided they dont file a civil case against you, which going by their act I dont feel they would do.

I believe instead of sending them a resignation letter, you should write a letter withdrawing your acceptance of offer made by them, stating that the your consent for this employment contract was obtained with deceit, and the deceit was understood only after you were introduced to internal policy and procedure governing this position.

By claiming that your consent for this employment contract was obtained by deceit would put the entire terms and condition of your employment contract with the company in jeopardy and thus you would nullify the entire contract and also challenge the entire contract thus avoiding giving two months salary in lieu of notice period.

But for love of God, please do not engage yourself in such activities and abstain from such unethical and unprofessional attitude towards your work. What you do defines you, so you as a professional must act in a mature professional all time under any circumstance.

Hope you might have learned your lesson from this incident.

Regards

Octavious

From India, Mumbai
At any time absconding from any job is not a professional and ethical practice. Whatever your problems, you should face and exit gracefully. Now that, you have already done this, there is no look back on this. Only problem will be, if they find your new company, they may write to them mentioning your unprofessional practice and this may lead to your immediate termination. Have your reasons ready for your exit and if the new company inquires, you can respond properly.
Best Regards
Dolphy

From India, Madras
Hello Anonymous/NivazDeen/Umapathh,

Any reason(s) 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--was plain immaturity due to lack of experience of 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.

None would insist that you need to accept the changed terms of employment on the day of joining. However, basic professionalism as well as ethics & 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 2 situations: (1) you took away some company property [whatever be it] while walking-off in a huff OR (2) the Company cooked-up some theft against you to....from their perspective.....teach you a lesson & 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 & 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.

Reg 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 so ASAP, there's always a chance this lack of communication from your end can be used AGAINST you later IF & 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
Mr Dhanraj ,
Your trouble will be if you have informed the present company your job status at the time of joining.
Solution:Send resignation letter . state that you had applied to work in that company only , not in any other place. That you had signed to be on job for sustenance .
Like the other people have advised pl know in a globalised scenario, professional ehticks, etiquette are given weightage.
Regards,
Iyer R N

From India, Madras
In Umpathi Dhanraj Case why HR fraternity not informed changes in well advance to Mr Umpapathi & have given time to rethink on new assignment. This is very strange situation faced by Mr Umapathi , we did not placing ourself in his place , he might have very proudly told to his friends , relatives that I am Joining this reputed MNC on this this position .All his dreams shattered when he was given other assignment in my view he have done right thing , he have secured his job first by joining earlier company.
And how HR department of MNC advised to lodge FIR for missing from job , where as they have to call him , his references . I also like to know from experts if HR department is itself not able to solve grievances of employee is their any need of HR person in Industry.

From India, Pune
Dear Umapathi D,
We have seen lots of posts relating to 'absconding' both from the employers' side and employees' side as well. Almost all suggestions here pressed that no one should abscond rather put in their papers properly and get settled the separation amicably. In your case though you might think you are right in just slip away without any trace it is not a healthy practice. You should have properly recorded your dissent and quit. Now it has gone upto police station. It might haunt you giving sleepless nights. I am not aware what counter action you have taken since when you came to know of their steps taken. In the circumstances, since police is involved, it may be appropriate to consult a competent advocate to move ahead as per his suggestions.

From India, Bangalore
Accoridng to Saswata Banerjee you will be blacklist on NASSCOM skill registry for absconding. My question is can the company do this in spite of contract violations and offering something else then what is agreed? Does NASSCOM proceed without analysing the real issue before black listing a candidate?
From India, Bangalore
Dear Sir or Madam,

The company has done fraud with you and you have responded by quitting the job. I do not see any better action.

In response to your question, I have noticed that some people have asked another question, which is not relevant. You have already taken the best of your decisions, which cannot change. Please be comfortable, I am giving solution to you. Please do not get threatened by company's FIR. It is null and void. It does not have presence in any law, since there is no ethical base to it.

Now that you have left the company and joined a new company, do not submit any resignation or do not write any letter to the company, otherwise it will generate the evidence of having joined the company and left without notice.

Also do not receive any letter from your ex-company. This will help you keeping yourself away from the dispute.

Wish you a good luck for the new job.

Should you need any further assistance please feel free to write to me.

If this has been useful keep me posted. Additionally you can write to me on my email ID or you can write to me on facebook or follow me on twitter @avinashdhomse.

Thanks.

With best wishes,

------------------------

Avinash Dhomse

Ahmedabad.

From India, Ahmedabad
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