harsh 21 April 2017
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
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
harsh 21 April 2017
P. Venu (Advocate) 21 April 2017
"My Manager?" Is he the Manager of Accenture or the Consultant firm?
harsh 21 April 2017
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
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).