The term “Absconding” might have been mentioned in your appointment letter. Company might have mentioned if employee is absent from work without any intimation/absconds, for…………….days, his services can be terminated.
Or absence from work for……….days would amount to absconding.
In other words; terming the abscondment/desertion as breach/repudiation of contract, or dismissal of employee by employee himself.
Employer does not want to follow process of termination/dismissal and wants to avoid dismissal/termination, and therefore tags the file as absconding/deserting and closes the file. Employer believes and it is a fact, majority of the employees get subdued by the tactics applied by companies, and majority of the employees are ill informed.
The question arises where an employer has an effective way of communication with employee………..why the employer does not communicate effectively? In today’s world effective way of communication are in use in office of employer, e.g. email, courier, mobile phone, landline phone, speed post, telegramme, advertisement in leading and local newspaper, contact with family, thru peers/colleagues, legal notice etc. If all reasonable attempts to contact have failed for all practical purposes company can terminate the services. Company should be in a position to produce set of documents and POD of each communication. In your case company is leveling a charge of deserting/absconding despite the fact the fact that you have supplied the resignation by effective way of communication i.e. email. If at all company wanted to respond company could have responded at your email id.
The question arises why your company did not communicate effectively before terming and declaring you absconding?
Has the company described any ceremony to be presided by Head of the Town, which employee has to attend after tendering resignation in appointment letter or some corrigendum, circular, standing orders, which you failed to attend.
The employer like a feudal mind wants to have absolute control with iron fist, handle on employee. Company might have prepared a employee/HR policy for internal circulation, mentioning if employee absconds experience certificate/relieving order shall not be issued!!!!!!!!!!!! Company might have it in standing orders????????????
However all policies, rules have to be kept tin the knowledge domain of the employee.
Gossip and rule can not be rules and policies.
If company states you have absconded compnay shall have to prove it and produce the communications sent by effective means of communication and its POD.
Inspectors under SE Act can call for records and can ask to produce record for examination.On your complaint if Inspector checks record/ registers, your personnel file and finds in case of many employees company has tagged many employees absconding it shall be a trouble for company. This HR person shall be in trouble.
Let your lawyer opine finally, after examinng your record and inputs given by you.
You may proceed as deemed fit and choose the most suitable option for you.
To abscond from parole is to escape, flee, leave without permission, fail to report.
https://www.thefreedictionary.com/absconding
ab·scond (
b-sk
nd
)
intr.v. ab·scond·ed, ab·scond·ing, ab·sconds
To leave quickly and secretly and hide oneself, often to avoid arrest or prosecution.
abscond [əbˈskɒnd]
vb
(intr) to run away secretly, esp from an open institution or to avoid prosecution or punishment
[from Latin abscondere to hide, put away, from abs- ab-1 + condere to stow]
absconder n
Quotations
"abscond: to `move in a mysterious way', commonly with the property of another" [Ambrose Bierce The Devil's Dictionary]
