Hi,
Would like to share something that I have experienced just today. Please do let me know how I should be reacting to this situation.
I was working for a Company based in Dallas on a BOT model from Bangalore. Recently, 10 months earlier they started their own firm here and i still continued to work with the same company. Total years of service to the company is 2.6 years, without a single black mark in that tenure.
All these years, they promised me raise in salary, retention bonus, promotions; but, none materialized for me. Recently, they started planning to send most of the employees for a global-rotation program. My name came up at the last moment after everyone were sent to the US on a 3-month basis. I had gone to chennai to apply for visa and got rejected the first time. Company sent me again for second time, but this time i was to go to US not for 3 months, but for 2 months only.
Everyone who went to US should sign a bond for 1 year from the day they returned back to work, as part of employee retaining initiative.
When i came back after my visa interview, circumstances at my home prompted me to not to go to US, and i intimated my management of the same, but told them that i would be willing to cover the visa costs incurred by the company.
For this, when my passport came back with visa stamped, my TL received it on my behalf and hid it from me. Upon questioning he said tat I have to sign a bond of 1-year even if I go to US or not.
This is something tat has never happened to anyone in our office before. So i refused to do it. My manager asked me the same, and when my answer was adamant, he said that I have to either sign the bond or they will keep the passport and terminate me.
I told my manager that I was sorry to be in a situation where I am not in a position to travel, but at the same time, I would not sign a bond just for the heck of it.
Enraged at my response, i was terminated, my desk cleaned, workstation id locked off, and was sent back home without my passport or any talk of my months salary.
So, please help me to justify their actions and let me know my next course of action.
Thanking you all in advance.
From India, Bangalore
Would like to share something that I have experienced just today. Please do let me know how I should be reacting to this situation.
I was working for a Company based in Dallas on a BOT model from Bangalore. Recently, 10 months earlier they started their own firm here and i still continued to work with the same company. Total years of service to the company is 2.6 years, without a single black mark in that tenure.
All these years, they promised me raise in salary, retention bonus, promotions; but, none materialized for me. Recently, they started planning to send most of the employees for a global-rotation program. My name came up at the last moment after everyone were sent to the US on a 3-month basis. I had gone to chennai to apply for visa and got rejected the first time. Company sent me again for second time, but this time i was to go to US not for 3 months, but for 2 months only.
Everyone who went to US should sign a bond for 1 year from the day they returned back to work, as part of employee retaining initiative.
When i came back after my visa interview, circumstances at my home prompted me to not to go to US, and i intimated my management of the same, but told them that i would be willing to cover the visa costs incurred by the company.
For this, when my passport came back with visa stamped, my TL received it on my behalf and hid it from me. Upon questioning he said tat I have to sign a bond of 1-year even if I go to US or not.
This is something tat has never happened to anyone in our office before. So i refused to do it. My manager asked me the same, and when my answer was adamant, he said that I have to either sign the bond or they will keep the passport and terminate me.
I told my manager that I was sorry to be in a situation where I am not in a position to travel, but at the same time, I would not sign a bond just for the heck of it.
Enraged at my response, i was terminated, my desk cleaned, workstation id locked off, and was sent back home without my passport or any talk of my months salary.
So, please help me to justify their actions and let me know my next course of action.
Thanking you all in advance.
From India, Bangalore
Kindly provide the following informations:
1. What is your gross salary.
2.What was the circumstances that prompted you not to go. Is that beyond your control? is the intimation you gave to the management is in writting?
3.The date of your passport seized.
4. is there any written communication in this regard.provide the gist.
5.is there any written promise or agreement regarding the hike in salary .......and etc.
6.have you ever written any letter to the management asking them to return your passport? if not. pl. do so immidiately.
7. You have not been issued any chargesheet and your last month salary not paid. right?
8. Have you written any letter to the management asking for your salary. If not, pl. do so immidiately.
9.Pl. provide the termination clause written in your appintment letter.
10.Pl. collect the name , father's name, address of the TL both residence, office and permanent.
Just for your information, Passport of another person can not be kept with out written permission and anything like this shall be treated as theft of passport and other offences.Passport is the property of the Govt of India and kept in the custody of its holder as cutodian. Any body having it without him must return it either to the govt. or to the person i.e; you.Any body holding it without consent shall be treated as wrongful possesser. Law is very strict i this respect. Provide the information and write them the letters. I will guide you to send your TL to Tihal Jail.
Regards,
saikat dhar
From India, Calcutta
31. What is your gross salary.
2.What was the circumstances that prompted you not to go. Is that beyond your control? is the intimation you gave to the management is in writting?
3.The date of your passport seized.
4. is there any written communication in this regard.provide the gist.
5.is there any written promise or agreement regarding the hike in salary .......and etc.
6.have you ever written any letter to the management asking them to return your passport? if not. pl. do so immidiately.
7. You have not been issued any chargesheet and your last month salary not paid. right?
8. Have you written any letter to the management asking for your salary. If not, pl. do so immidiately.
9.Pl. provide the termination clause written in your appintment letter.
10.Pl. collect the name , father's name, address of the TL both residence, office and permanent.
Just for your information, Passport of another person can not be kept with out written permission and anything like this shall be treated as theft of passport and other offences.Passport is the property of the Govt of India and kept in the custody of its holder as cutodian. Any body having it without him must return it either to the govt. or to the person i.e; you.Any body holding it without consent shall be treated as wrongful possesser. Law is very strict i this respect. Provide the information and write them the letters. I will guide you to send your TL to Tihal Jail.
Regards,
saikat dhar
From India, Calcutta
Dear
Retention of Passport is illegal. Send them a legal notice ,followed by a Criminal Complaint with Police. They will either say they will give it back or say they dont have it. If so, you can apply for Duplicate with the same FIR.
With kind regards,
V.Sounder Rajan
Chennai – 600 001.
Off : 044-42620864, 044-65874684
,
From India, Bangalore
Retention of Passport is illegal. Send them a legal notice ,followed by a Criminal Complaint with Police. They will either say they will give it back or say they dont have it. If so, you can apply for Duplicate with the same FIR.
With kind regards,
V.Sounder Rajan
Chennai – 600 001.
Off : 044-42620864, 044-65874684
,
From India, Bangalore
Thank you for your advises. Here are the other info relating to the same.
2. Family circumstances compelled me not to take up the trip this time. At the same, I have not given any writing regarding this issue to the organization. Just verbal.
3. 22-august-2008
4. No.. Had gone to visa interview for chennai on Tuesday, 19-august-2008, and my passport was delivered to the office address on friday, 22-august-2008. My shift started later that day in the evening and my passport was delivered to the office in the morning on the same day. Before i punched in, the passport was whisked away from the security guy.
5. No.
6. Have sent an email to the concerned to return my passport as per advice.
7. Thats right. My current month, i.e., August's, salary has been withheld without any communication, written/verbal.
8. Have written mail regarding this as advised.
9. A person will be terminated by the company if there are any insubbordination, illegal activities, if performance is less than average consisently, or if he does not report to work within 8 days of continued absence without intimation.
As for them denying that they have'nt got my passport, I have recorded my conversation with the above-mentioned TL and he perfectly stated that passport is with him loud and clear.
Please advise. Thanks again.
Regards,
Kiran.
From India, Bangalore
2. Family circumstances compelled me not to take up the trip this time. At the same, I have not given any writing regarding this issue to the organization. Just verbal.
3. 22-august-2008
4. No.. Had gone to visa interview for chennai on Tuesday, 19-august-2008, and my passport was delivered to the office address on friday, 22-august-2008. My shift started later that day in the evening and my passport was delivered to the office in the morning on the same day. Before i punched in, the passport was whisked away from the security guy.
5. No.
6. Have sent an email to the concerned to return my passport as per advice.
7. Thats right. My current month, i.e., August's, salary has been withheld without any communication, written/verbal.
8. Have written mail regarding this as advised.
9. A person will be terminated by the company if there are any insubbordination, illegal activities, if performance is less than average consisently, or if he does not report to work within 8 days of continued absence without intimation.
As for them denying that they have'nt got my passport, I have recorded my conversation with the above-mentioned TL and he perfectly stated that passport is with him loud and clear.
Please advise. Thanks again.
Regards,
Kiran.
From India, Bangalore
Hi,
Thank you for your inputs. Continuing on the same lines.
I didnt want to go legally against this company since i had worked there for the past 2.5 years. its been 3 weeks past now and still the company has not given my passport back.
Now the HR has sent me a letter stating that since i did not go to US and since i was absconding from work since 22nd August, they will take action against me as per company rules and regulation and as applicable by law.
This is not true since the company itself had sent me home on the night of 22nd August.
Could someone please let me know as to what they might be able to take action and what should my reactions be?
Thank you all once again.
From India, Bangalore
Thank you for your inputs. Continuing on the same lines.
I didnt want to go legally against this company since i had worked there for the past 2.5 years. its been 3 weeks past now and still the company has not given my passport back.
Now the HR has sent me a letter stating that since i did not go to US and since i was absconding from work since 22nd August, they will take action against me as per company rules and regulation and as applicable by law.
This is not true since the company itself had sent me home on the night of 22nd August.
Could someone please let me know as to what they might be able to take action and what should my reactions be?
Thank you all once again.
From India, Bangalore
Dear
The situation has gone out of your hands.pls seek local specialist legal advice.Dont spend your e time by explaining your problem what you need is some facilitator to help you out to get into action.
With kind regards,
V.Sounder Rajan
Chennai – 600 001.
Off : 044-42620864, 044-65874684
,
From India, Bangalore
The situation has gone out of your hands.pls seek local specialist legal advice.Dont spend your e time by explaining your problem what you need is some facilitator to help you out to get into action.
With kind regards,
V.Sounder Rajan
Chennai – 600 001.
Off : 044-42620864, 044-65874684
,
From India, Bangalore
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