Kumar 13 October 2015

Advice required for abscond

Hi,

I have 6 years of experience in IT. 8 months back i joined a product based company, now i selected for public services. So i submitted my resignation to my Manager and HR. When HR asked me to serve notice period of three months i confirmed to serve 1 month notice period and i am ready to pay 2 months’ salary to company to buy out remaining two months of notice period. But, HR is not ready to release me from organization. Even though I offered HR that, I will serve remaining 2 months’ notice period remotely ( i.e. work from home). Still, HR is not ready to release from company. Hence, I would like to abscond from organization even though it is not a good approach. Can someone please share your opinion on below consequences?

Is my organization takes any legal action? i.e. filing a case in court/police station.

Also, I would like to bring few points to your notice regarding my employer.

In offer letter they have not mentioned any information regarding notice period. Also they don’t have any policy in company website on notice period and separation process. They only confirming on this through mails.
I did not sign on any bond to my employer.

Regards,

Kumar

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4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 13 October 2015

Sir,

Have you through emails acknowledged that you will serve 3 months notice or deduction in salary or orally?

Warm Regards

Kapil Chandna Advocate

9899011450

Kumar 13 October 2015

Hi Kapil,

Thank you for your reply. All discussions happened through mails only. I requested them initially as, will serve 1 month notice period and will pay for remaining 2 months. they not accepted. later i requrested them to provide apporval to serve remotely for remaning two months. Final conclusion from their end is to serve the notice period from office only for the period of three months.

Regards,

Kumar

Kumar Doab (FIN) 14 October 2015

A similar query has been discussed recently at:

https://www.lawyersclubindia.com/forum/Notice-buy-out-128280.asp#.Vh5BIW5-jMo

https://www.lawyersclubindia.com/forum/Epf-claim-not-attested-128103.asp

You may pick up the relevant points.

Build sufficient , irrefutable written record under proper acknowledgment and record (audio/visual/witnesed/minuted) for use if required at appropriate time in appropriate forum.

The options are:

aplly your skiils,

take help of employee's/trade unions, able Labor Law Consultant/Service Matters Lawyer and let them drfat your communications now,

Approach Officials of labor dept, Inspector appointed under: ( Name of your state) Shops and Estsbs Act, Payment of Wages Act, O/o Labor Commissioner for salary slip of all months,FnF statement (showing computation of earned wages,bonus,leave encashment,incentives,reimbursment, etc),PF a/c slips,Form16 as per correct FnF statement, service certificate,relieving letter.............

Kumar Doab (FIN) 14 October 2015

Submit clear communications:

citing notice of resigantion,notice period tendered by you, to whom you should handover the charge under proper acknowledgment on the spot within and upto expiry of notice period/LWD given by YOU, and mention that NO tasks are pending at your end and routine duties be assigned that can be completed within and upto expiry of notice period/LWD given by YOU.........................and to supply the FnF statement showing computation of earned wages,adjustment of CORRECT notice period as per applicable enactments in your case and establishment, bonus,leave encashment,incentives,reimbursment, etc..................

Submit final resignation under proepr acknowledgment.

Show all service related docs to an able counsel.

You may also think about sending notice pay by bank DD thru Redg. Post...............