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harsh   21 April 2017

Abscond from the company

Hi, I was working in Accenture gurgaon from 11 months on a third party payroll. I have resigned previous month and served the notice period also. I have dropped my resignation to my consultancy and they have accepted also. My manager has absconded me because consultancy has not informed him. As he was not approving my time card i refuse to go on my last working day. Is it right for him to abscond me.


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 18 Replies

P. Venu (Advocate)     21 April 2017

"As he was not approving my time card i refuse to go on my last working day." 
What do you mean?
 

Ritesh Maity (Labour Law Advocate)     21 April 2017

There is no such term as "absconding" under the labour law. This absconding/ ask to leave is hugely misrepresented/ misused in the corporate sector. 

 

Anyways, coming to the problem, since you are on the roll of third party, the employer employee relationship exists between 3rd party and yourself, and NOT with Accenture and yourself. 

 

If you have proper acceptance of your resignation to the 3rd party (i.e. your employer), then you have nothing much to worry. Since Accenture is the principal employer here, it neither has right to appoint you nor terminate you.  

harsh   21 April 2017

Hi sir, My manager was not approving my attendance. He has not approved for 3 weeks so i wrote a mail to my consultancy about this and i requested them to intervene but they didn't. So i wrote in that mail I will not come to office on my last day. Sir i got a new job in another company and they are asking for releaving letter.

Ritesh Maity (Labour Law Advocate)     21 April 2017

Depending on the nature/ content of your appointment letter as well as the communication/ email exchanged between you and 3rd party and Accenture, further advice can be given and the next course of action can be decided. 

Please come with date wise clear facts. What you wrote above is kind of confusing me. 

harsh   21 April 2017

On 5th of march I resigned from the company and on 6th of march I received my acceptance and last working day from them. I informed my manager verbally that i have resigned from my position. I served the notice period for 15 days. But my consultancy has not informed to manager. I talked with them on call then they told me to forward my resignation acceptance mail to my manager, which I forwarded him on 15th of march. On 17th of march ( Friday) i saw that he has not approved my attendance from 1st of march till 17th march. Then i requested him to approve my attendance for my full and final settlement but he refused to do so. That's why I raised this issue in my consultancy but they have also not replied. After that I wrote that if my attendance will not be approved then i will be unable to come on my last working day.

harsh   21 April 2017

On 5th of march I resigned from the company and on 6th of march I received my acceptance and last working day from them. I informed my manager verbally that i have resigned from my position. I served the notice period for 15 days. But my consultancy has not informed to manager. I talked with them on call then they told me to forward my resignation acceptance mail to my manager, which I forwarded him on 15th of march. On 17th of march ( Friday) i saw that he has not approved my attendance from 1st of march till 17th march. Then i requested him to approve my attendance for my full and final settlement but he refused to do so. That's why I raised this issue in my consultancy but they have also not replied. After that I wrote that if my attendance will not be approved then i will be unable to come on my last working day.

P. Venu (Advocate)     21 April 2017

"My Manager?" Is he the Manager of Accenture or the Consultant firm?

harsh   21 April 2017

He is the manager of Accenture

(Guest)

Seems to be purely unbelievable imaginary story! When you received acceptance of your resignation what was the hitch to attend the duty for merely one last day? By the way, how you considere that they would be compelled to approve your attendance for the last 17 days if you don't attend on 18th day, as you stated, " wrote that if my attendance will not be approved then i will be unable to come on my last working day?

 

harsh   21 April 2017

If my attendance will not get approved then my consultancy will not make my full and final settlement. 18 and 19 was Saturday and Sunday. I wrote like this because manager has already stated that he is not going to approve my attendance. That is why.

P. Venu (Advocate)     22 April 2017

Your narration suggests that you have been imprudent in not attending the alleged last working day, thus providing the management to declare you are an "absconder". However, your story is highly improbable. In Accenture, everything is highly synchronised. There certainly cannot be a case, I have ascertained, of your consultancy accepting your resignation and the Company not being aware of it.

By the way can you attach the acceptance, allegedly, conveyed by the consultancy.

Kumar Doab (FIN)     27 April 2017

Originally posted by : harsh
Hi sir,
My manager was not approving my attendance. He has not approved for 3 weeks so i wrote a mail to my consultancy about this and i requested them to intervene but they didn't. So i wrote in that mail I will not come to office on my last day. Sir i got a new job in another company and they are asking for releaving letter.

 

The employer can decide not to pay 1day.

 

 

 

Kumar Doab (FIN)     27 April 2017

You were made to work but not allowed to mark your attendance.

Isn’t it?

Now the Manger of M/s Accenture is threatening that he will not approve your attendance.

Your employer: consultancy is not helping you, and taking up the matter and resolving with M/s Accenture?

Is it?

Releivign leter is to be issued by employer: consultancy?

Isn’t it?

Kumar Doab (FIN)     27 April 2017

If attendance is marked thru said Time card then it is be kept active/working by establishment or alternate mode say: manual attendance should have been provided.

This is proper on part of employee todemand for marked attendance and employer to provide working mode for marking attendance.

If employee is made to work but stopped from marking attendance (and hence wages are denied) it is not proper conduct of employer.

If employee has worked then his entry in office must have been captured in register, CCTV etc etc and his work in assignments attended by employee on day to day basis.

If for 17days employee is made to work without letting him mark attendance and threatened that his attendance shall not be sent to payroll for payment of wages then it is not proper conduct of employer. How long employee can be subjected to daily torment and expected to tolerate it!

 

If consultancy is your employer and you are deputed at M/s Accenture then if you have submitted resignation to consultancy and informed M/s Accenture also then probably you have completed your part of obligation.

Check if your consultancy has billed your service to M/s Accenture and recived payment of all days you have worked (even if without letting mark you the attendance).


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