Definition of Absconding Employees in legal Terms

The procedure followed by you is perfect.. No company can force an employee work and at the best ask for proper handing over and pay in lieu of notice ( not gross - only the basic +certain allowances - check this out before accepting for forfeiture of notice pay.  To declare anybody absconding is a long drawn process and does not at all apply in your case.

vasudevan

Hi,

Thanks a lot for your prompt reply on this.

How long do I need to wait for the company response, my last working day was 20th August, and I have also sent a mail to them on 25th Aug that please consider 20th as my last working day and let me know the procedure ahead.

If the company does not reply to me and denies the service certificate, what should be next step I should take?

Please guide me how to proceed on this.

Hi,

have you got any response from the company is it in your favour or some thing against your will.

Also provide the details about your whereabouts while marking mail on 25th ,I mean was that mail were marked from official mail id or you had stopped going to office after 20th and marked a mail from your personal mail id.

Dear All,

I joined  IT MNC ,but after 1 months due to family reason I am not able continue job with the company ,I sent email and I informed the manager, After 3 month Company terminate me from job and asking for pay of 3 month salary,

As per appointment letter, "Employment with the company can be terminated by 90 days notice in writing from either side or 90 days pay in lieu of notice, as may be determined by company" 1).What legal action my previous company can take in this case?

2). what maximum can company do against me? If company take legal action againt me..will i have to pay (basic+da) or gross salary.?

Appriciate any kind of help.

Thanks&Regards,

Arvind

@ Arvind,

The notice period of 90days may not be neccessarily applicable in your case.

You may not have to pay single penny.

What was your designation and nature of duties?

Sir ..I worked for 1 month under probation in bangalore location ..I am as IT devloper.

Company Name : #### India private limited. head office in Mumbai (This is not indian based MNC.) 

Company emplyee more then 50000.

I am reporting to my Team Lead.

I am getting salary slip,I dont have power to sanction .

Thanks&Regards,

Arvind Kumar Singh

90 days notice period is beneficial for employer but not for employee.

You should be covered by the def. of 'Workman' as in ID Act, 'Employee' as in Shops & Estbs Act.

There are many IT/ITeS employee's unions that can help you.

ID Act does not lay down notice period for employee.

In your case you have resigned by email, hope you have copy of email.

Confirm!

The employee has separated from employer-employee relationship the moment employee has resigned.

How can employer termiante after having recieved resignation?

If employer has terminated then it should pay notice pay for 90days.

Get in touch with IT employee's unions and a Labor Law consultant.

Thank You Sir for your response.I have email which I send to Company.

Are you aware of any IT/ITeS employee's unions? Are you a member? Have you conatacted them? Have you contacted trade unions?

Have you contacted a very able  Labor Law consultant?Let your counsels draft your reply to the notice?

Were you under probation period or confirmed?

Reply to all points pointwise.

ID Act does not lay down notice period for employee.

Shops & Estbs Act:90 days notice period is beneficial for employer but not for employee.

Model Standing Orders: Notice period during probation period is NIL.

If employer has terminated then it should pay notice pay for 90days.

Get in touch with IT employee's unions and a Labor Law consultant.

Let your counsels draft reply.

Sir, Please find below comment :

Are you aware of any IT/ITeS employee's unions? Are you a member? Have you conatacted them? Have you contacted trade unions?
Have you contacted a very able  Labor Law consultant?Let your counsels draft your reply to the notice?

Sir I am not awrae IT/ITeS employee's unions?. I am not still contact with Have trade unions.

Were you under probation period or confirmed?
I work only One month in the company ..I am in probation period

Thanks&Regards,

Arvind

It is so disappointing to note that another employee is not aware that there are unions in his trade and that have done a good job for rughts of employee's.

You are not properly informed also.

With such state you are in that class of employee's that are always vulnerable to exploitation and are like a sitting duck.

Google search and you will find about all IT employee's unions, Trade Unions.

Post back what exactly is found by you in your search.