Absconding from employment

Dear, Don't think so, but need to see you service agreement when you joined the company .... Kapil Chandna Adv 9899011450

 

As you have communicated in writing:

 

1. That you are resigning.

2. To complete exit formalities.

Therefore you have not absconded.

The attempt of HR personnel to declare you absconding will fall flat on his/her face.

It can adjust notice pay in FnF statement.

HR is not your employer and is just another employee and has a responsibility to process your FnF payouts and documents..................

If it is not amiable escalate to good offices of appointing authority,MD etc...... 

You have done good by doing so. If you have not taken a screenshot or printout, then Now you may minute  it .......................and if you have taken a printout you may attach it with your next communication that you have not received any communication hence nothing is pending at your end and to supply you the acknowledgment of resignation,acceptance,Original FnF statement (showing adjustment of notice pay, computation of leave encashment,bonus, reimbursements,incentives etc) for verification and acceptance by you,Service certificate ( Refer:Model Standing Orders:Sec16), Relieving letter, payment of Fnf wages by bank DD,Form16 as per correct FnF statement,NOC/NDC, PF number with a/c slips of all months,ESIC card,etc................by Redg. post.....

 

It has to supply everything and you should collect everything.

Software/IT/ITeS companies are covered by ( Name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in such establishments…………………………Notice Period/pay is part of service conditions……………

Standing Orders (certified/model) are also applicable…..

The notice period is part of service conditions that are governed by various enactments applicable to employer/establishment/employee.................e.g. Standing Orders (certified/Model Standing Orders; as per Sec13 it is Nil during probation and 30 dasy after confirmation ), and  (Name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in such establishments and these being instrument of law/statue/Act shall prevail upon any private agreement drafted by employer be it appointment letter/HR policy/service Rules and Regulations/contract of employment/ service agreement etc..............

Thus if the notice period as per these enactments is NIL then any notice period say 15/30/90 days stated in appointment letter/HR policy/service Rules and Regulations/contract of employment/ service agreement etc..........shall be VOID.

Thus no notice pay can be adjusted. You may go thru this Act and (Name of the state) Shops and Commercial Establishments Rules as in your state.

 

The company has to enter the resignation tendered by you in various registers prescribed under these enactments/rules and charge of abscondment shall amount to falsification of record and is an offence……………….

 

IT employees have many employee’s unions now and are also affiliated to trade Unions like CITU,INTUC,AITUC,BMS etc……………………and trade union leaders and your able Labor Law Consultant/service Matters Lawyer can submit a fitting reply to the legal notice of the employer……………….

You may go thru the following thread too;

 

https://www.lawyersclubindia.com/forum/How-to-deal-with-absconding-employee-116502.asp#.VPLcDNKqqko

You may also go thru;

https://www.lawyersclubindia.com/forum/Need-experience-letter-117489.asp#.VPSINtKqqkr

You may also go thru;

https://www.lawyersclubindia.com/forum/Need-experience-letter-117489.asp#.VPSINtKqqkr

Your query is premature, as the cause has not yet arisen in the absence of any action (legal notice or cuit) on the part of the company. You would be required to take guidance according to the nature of action, if any, intiated by the company.

Thanks for you reply dhingra sir,kumar doab sir and kapil chandna sir. 

That's right that I am yet to receive the legal notice from the employer.  The query was posted to know the initial set of steps I could take when I receive the notice. Thanks a lot for your replies. 

The offer letter that I signed had it mentioned that either party will have to pay 3 months basic salary in case of separation if not serving the notice period. I had this in mind when I absconded. Also; they with-held my salary for the month of february(15 days) when I resigned . So the full and final settlement  notice that I am going to receive should have 3 months basic salary minus the 15 days salary that was withheld.  

I just wanted to know what maximum the company can do if I don't pay the full and final settlement amount and don't reply to their notices.

Again thanks a lot for the replies.

The HR person has communicated verbally what the company intends to do........and the intended action is against you. The verbal statement is enough for you to minute the discussion and place on record in writing (addressed to appointing authority,MD) under proper acknowledgment that: 1.You have not absconded and management should not falsify the record........ and issue instructions to HR with a copy to you. 2.apply adjustment of notice pay as per correct notice period applicable in your case....and supply the correct FnF statement and other docs. 3.The FnF statement should show all payouts for 15 days @CTC/Gross and adjustment of notice pay @ basic, bonus,leave encashment, incentives,reimbursement etc.... If notice period of 90 days is not applicable in your case it can't be applied.....and you may submit tentative FnF statement as per you to company to verify and send company's statement for you to verify... If applicable the company can initiate recovery proceedings for FnF amounts payable by you.......thru legal process as well...

Dear Farhan,

 

Set of steps should be according to the action-specific on the part of the management, not merely of presumptions tending to creating confusions.

Thank you all for the valuable replies. I will post again on this thread if and when I receive the legal notice from the employer.

The company can insert notings in your personnel file/internal records and mark you absconder without sending legal notice to you also.If it does it is detrimental to you.

You may minute the discussion with HR and supply it under proper acknowledgment.

Your lawyer/union leaders can take up matter now as well based on verbal threat made to you........and conlude it.

Rest is upto you.