Absconding leaving without serving period
amw
(Querist) 19 April 2015
This query is : Resolved
Hi, I joined IT company for 3 days. I got better offer from another IT company and I joined new company. After joining new company I sent my resignation letter to the old company. Please let me know if it will create any legal issue for me in my current job in new company and in future. Is it required for me to get reliving letter from old company for which I worked for only 3 days. Old company is saying that they will not relive me. Please advice.
ajay sethi
(Expert) 19 April 2015
answer queries raised by Mr sudhir kumar . what were terms of your appointment letter
Devajyoti Barman
(Expert) 19 April 2015
disclose your identity..anonymous query.
Guest
(Expert) 19 April 2015
As a new member enrolled only today, irrespective of whether you are AMW or BMU, your query can be termed merely an academic query, as that does not seem to be your personal problem.
In my view, pseudonymous names, like yours, are adopted by those persons, who intend to hoodwink others.
Anyway, if it is your real problem, can you reproduce the terms & conditions of your employment in your previous company? If not possible, better consult some expert in person along with your service documents pertaining to both the companies.
Rajendra K Goyal
(Expert) 19 April 2015
The terms of appointment in the previous concern need to be referred. Consult local service law adviser.
Kumar Doab
(Expert) 19 April 2015
Repeated query:
http://www.lawyersclubindia.com/forum/Absconding-case-w-o-serving-notice-period-119607.asp
Dr J C Vashista
(Expert) 19 April 2015
No reply for repeated query and anonymous author.
amw
(Querist) 19 April 2015
These are the terms and conditions mentioned. Un-Authorized Absence - Any absense for 3 consecutive business day without prior permission will be treated as un-authorized absence from the work. In such a case, the compnay is entitled to terminate your service and/ot seek compensation for any loss suffered by the company or its client due to such an absence
Termination by Employee - If you wish to leave the services of the Compnay a clear written notice of 15 days has to be given to the company. In case of failure to give such written notice within the prescribed time, you are bound to make good the loss suffered by the company and any other charges/liabilities company incurs consequent to the failure to give required written notice. However due to exigencies of business the company may at its sole discretion reject the salary in lieu of notice and ask you to serve the entier or part ot the notice period.
Kumar Doab
(Expert) 19 April 2015
In the other thread initiated by you,mentioned above it has already been mentioned that:::::
NO establishment/company can frame any rule that is violative of enactments/Acts/statues/Labor Laws/law of the land applicable to establishment/employer.
IT companies are covered by (name of the state) Shops and Establishments Act…………………….this Act does not discriminate between ‘Workman’ and ‘Non Workman’……………………………and also standing orders.
The notice period applicable for the service period of 3 days/during probation is NIL.
If you have resigned then you have not absconded or absented or abstained.
‘Absconder’ is a derogatory word and anyone called absconder can sue the person who utters/writes this word.
The moment employee has resigned he/she has ended employer-employee relationship.
The employer has to tender payment of 3 days that you have worked and supply the acknowledgment of resignation,acceptance of resignation,FnF statement, salary slip,service certificate, relieving letter to you.
What is the language inserted in appointment letter in clause pertaining to 'Termination by employer'? Is it stated that employer can terminate without notice? If yes it can easily be termed arbitrary!
The contract of employment has to promote equitable discretion.
Still if you
are unable to handle the matter on your own
entrust it to an able labor law consultant/service matters lawyer/law firm.
T. Kalaiselvan, Advocate
(Expert) 29 April 2015
The same repeated query was very well addressed by expert Mr. Kumar Doab, if the author is really interested in knowing the answer, he may visit that thread.
