Software company absconding process risk

My personal views are that after working for a company for over 3 years, it is not a good practice to quite without serving proper notice period/without obtaining a waiver against notice period. However, no company can treat a person who has submitted a letter of resignation as an 'absconder'. I had observed in this forum earlier that 'absconder' is the most abused word in the HR fraternity without understanding its meaning or relevance. At the best a person could treated as abstaining from work if he had not intimate his leave or otherwise. In your case, you fell short of notice period and remedy for the company would be to recover the notice pay in lieu of the deficit notice period - basic and not full salary, even if the employment contract mentions full salary - as it would not be sustainable term against law. As for PF, the Company is bound to process your request for PF Transfer and can't hold this. Write/speak to the higher ups for transfer of PF and agree to deposit the short fall of notice period - basic only

Vasudevan

Thanks for the clarification.

Previous employer have sent me a statement for dues and it is around 1.11 lac ( full salary not the basic
). I dont have this kind of money right now.

Should i reply to the mail?

Thanks for the clarification.

And they sent me a statement regarding the dues and it is around 1.11 lac. I dont have this kind of money right now. So should i reply to the mail?

What are the terms for notice period as per your terms of appointment - it will be in your letter of appointment !

Mr. Vasudevan has given valuable advice. You must follow it.

Software companies are covered by (Name of your state) Shops and Commercial Establishments Act and standing orders are applicable.

You may go thru the standing orders (Certified/Model) applicable to the establishment and extended to your designation.  If standing orders are applicable the notice period applicable to you might be max. 1 month. As per Model Standing Orders service certificate should be issued to all employees.

Employer can waive off the notice period by his discretion.

Demand to compute notice pay in FNF statement and supply it by redg. Post to you, for verification/acceptance and PF a/c slips and salary slips for whole tenure of employment. The HR would compute in FNF statement the notice pay, earned wages for the period worked, Bonus, Leave encashment, incentives, Gratuity if applicable to you as per appointment letter/CTC sheet etc, and final amounts payable by you or payable to you…………………..

You must either accept or reject to accept the FNF statement within 1 month.

There are many threads on applicability of notice period/pay that you may find relevant e.g;

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwM3tUeBmXU