Can my Employer mark me as Absconding?

I WISH TO KNOW REGARDING YOUR POINT ABOUT FOREFEITING GRATUITY.

Please help me with this information.

Gratuity being one of the statutory payments how would a company have descretionary powers to forefeit such payment? is there a provision to do so!

Thanks,

Kavitha.G

yes ms. Kavita employer can forefeited your graduatiy, if you found guilty at work i.e. theft, damanges, voilance in organisation premises. in such cases but for that employer should give notice to the concern person then only it can be forefeited & he has to prove it.

thanks

pankaj bhalerao

You have already submitted your notice of resignation, and your notice is self explanatory, in which you have clearly specified the date by which you shall terminate the employment contract, and tender the notice pay for the balance period of your notice.

It is believed, your Manager is neither your appointing authority, and nor your appointing authority or any other competent employee authorized by standing orders of the company has communicated to you that you should seek any kind of relieving from your manager.

You have clarified that no work dependency or any assignment was pending with you.

Your manager's contention was probably due to the pressure on him to retain the headcount till year end closing on March, 31st and this has nothing to do with your contract, in which it is not specified that you can not terminate your contract in a month near to year end closing.

Hence you have resigned and company has failed to issue you the acceptance of your resignation and settlement of your a/c,F&F,form16,PF accumulation reports and withdrawal/transfer forms, work experience certificate, relieving certificate, NOC/NDC towards submission of company property (hope you have submitted company property under acknowledgment), etc........

Your company has rather tried to turn the events in their favor by terming you absconding. Absconding would mean surrendering the employment by own wish, and is not an offence. To prove that an employee is absconding is not easy. HR has just sent an email to you to disturb you or to coerce you to come running to the company, and/or to deny/delay   settlement of a/c of employee. Please read your appointment letter and see if anything is mentioned about settlement of a/c in case employee is declared absconding.

You should reply in a gentle manner and submit all events in chronological order with date, name of the personnel etc to your appointing authority, MD, company secretary, and demand to settle your EL in your F&F and supply you F&F......... Reason with your company with logic and resolve the matter.

Your PF can not be held. If the employer does not supply PF forms, or submits these to PF office, you can get the forms attested by any competent authority e.g. bank manager and submit to PF office on your own.

If your grievance is not resolved, you can contact labor authorities. Conciliation is a simple process and you can attend yourself or take the help of elders in the family, competent and experienced people known to the family, labor consultant/lawyer/law firm.

Kindly do not act in haste and in future take the help before going ahead with a decision.

Dear Kiran,

If you have left the company without fulfilling the due formalities of applying and getting leave sanctioned or resigning formally, your past company can declare you absconding from duty without permission of the competent authority.

If you have handed over your resignation to any of your superiors on 11th morning, or if you were feeling indisposed and informed any of your superiors in person, on phone, or by any other means that should imply that you have properly informed. On 11th evening company has declared you absconding, i.e before the expiry of even 24 hours. Hope you have marked your presence on 10th.

If you were on leave you could have sent your leave application by post. Company disposed with your service on 11th evening.

Company must have stated in your appointment letter after how many days absence company can declare you absconding and terminate the appointment.

Otherwise also HR and others have been threatening that if you do not serve the company till 31st March they shall block the issuance of relieving papers, disbursement of earned wages, PF etc. They were hinting that they have enough tricks in their kitty to do that. Their conduct is bad. You may contest and claim your earned wages and if the good offices of appointment authority, MD/CEO, Company Secretary do not provide relief, approach labor authorities.

Can employee be marked as Absconding???

Please see below scenario...

On April 20 2009 - Employee (A) is relived from duties as Employer (B) decided to shutdown the unit he was responsible. Dues paid!

On August 25, 2009 - (A) is being referred by (B) to some other company as 'Ex Employee'. (As A was ealier invlove with B)

Above means - A is Not an employee of B any more.

Note: A was not on salary since April 2009. A didnt give any formal resignation to employer. It was mutual consent as there is no work for the A in B's company. So A left.

What say?