Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Absconding from job without giving resignation

(Querist) 23 June 2018 This query is : Resolved 
Dear All,

I was employed in an organization from 2nd May 2018. Prior to my selection when offer was proposed to me i was told my shift would be 09.30 to 18.00 hrs but when i was appointed i was being made to work for 12 hours from morning 9.00 to evening 21.00 due to this i was having health issues. And over and above that i was also told lies and was not properly briefed about the job profile at the time of interview.

I spoke to my manager regarding this but he bluntly told me if you wanna continue then do it otherwise leave the organization and go back to your previous office.

I became very sad and finally decided and SMSed my manager that i won't be reporting to work from tomorrow. He asked me to send a written resignation but i didn't do it.

After all this time yesterday i received a letter from them stating that i have to serve 45 days notice period or else pay 45 days salary to them and if not done so then they will take legal action against me and file a criminal suit.

Now i am going to be employed in a new company and i am worried that this thing will create a problem on my new employment.

Thanks and Regards,
Salman Shaikh
Kumar Doab (Expert) 23 June 2018
An employee should always consult elders in the family, competent and experienced well wishers, seasoned employee’s/trade union leaders, a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/servcie matters and well versed with latest citations, LOCAL applicable rules/laws … and having successful track record…. and worth his/her salt…..for a considered opinion..
Have you discussed LOCALY and show all matter related inputs/docs and if yes, then they would have adequately advised you and satisfied you? By the way what’s the opinion you have received?
Although have mentioned about offer was made to you, however did you get offer letter/appointment letter?
What are the T&C inserted in IT?
While you carefully drafted your query you have not posted what exactly is your intent and what exactly you want to do?
There are many such carefully and even loosely drafted queries at LCI posted by querists with some ID and as anonymous…
And many have resolved the matter by applying their own skills and with support of their counsels..
If you wish you can search by using SEARCH option and pick up relevant points/links of applicable enactments/citations….
Kumar Doab (Expert) 23 June 2018

The establishment has asked you to pay notice pay for 45days….and all actions civil/criminal are to be taken if you don’t pay as per your query.
What else is stated in the letter?
The criminal proceedings are posted for which act of yours?
Your manager had asked you to send formal written resignation (email or letter?) that as per your query you had not sent?
Are you willing or unwilling to pay and close the matter as per your specific needs and to your satisfaction?

Kumar Doab (Expert) 23 June 2018
While posting such queries employee should post basic information!
What is this establishment; Govt, private, Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Do you have copy of SMS (resignation) sent by you and reply by SMS of your manager?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
Do you want to pay as per letter and agitate later or you don’t want to pay?
You may revert to relevant points.
Name of company etc is not required so don’t post names etc .

Kumar Doab (Expert) 23 June 2018

Your next employer may very well absorb you despite the said letter sent by past establishment…and support you.
Are you clear that Line Managers/HR personnel/legal cell personnel/employer in next establishment shall absorb you and support you?
Have you discussed with them?
Since you seem to be inclined to work with next establishment, you are willing or unwilling to discuss and take them into confidence.

Notice period/pay, rate of notice pay, OT, Work hours, shifts etc etc is part of service conditions and governed by various enactments applicable to establishment/employee/employer….
The establishment cannot and must not violate and provisions of the applicable enactments….
The provisions of the applicable enactments shall prevail upon any private agreement/contract drafted by employer and signed with employee and T&C that are violative of the applicable enactments shall be void…


You can go ahead in your matter as deemed fit by you at your end and LOCAL counsels can help and support you..
Guest (Expert) 23 June 2018
You may be justified to ask, why such detailed information about you and your company is required by the expert.
Guest (Expert) 23 June 2018
You may be justified to ask, why such detailed information about you and your company is required by the expert.
Guest (Expert) 23 June 2018
You may be justified to ask, why such detailed information about you and your company is required by the expert.
Ms.Usha Kapoor (Expert) 24 June 2018
I agree with Kumar Doab.
Ms.Usha Kapoor (Expert) 24 June 2018
I agree with Kumar Doab.
Ms.Usha Kapoor (Expert) 25 June 2018
I agree with Kumar Doab.
Ms.Usha Kapoor (Expert) 26 June 2018
I agree with Kumar Doab.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :