Need suggestion whether i will my get experience letter or not
Kishore
(Querist) 08 February 2016
This query is : Resolved
Hi Sir,
I worked in MNC company as an IT Profressional. Due to some personal reasons, I was not able to go to office. When my management approached me, I said them I am going to resign and I submitted my resignation in email stating "Please consider it as my official resignation". Taking this email in to consideration my manager forwarded to corresponding HR to take further action. Later I did not even logged in to my office email id. But after few days, I got letter saying that I need to pay bond amount. I have completed dues amount to make it clear from my end. But later again they send me exit letter stating it as ABSCONDING. Though I mentioned official email about resignation and cleared all dues, they still send me absconding letter. Is there any way I can get my proper relieving letter. Please help me is there any way I can proceed legally and how it needs to taken further.
Kumar Doab
(Expert) 11 February 2016
Did you apply for leave or inform being unable to attend to office for reason...........?
As per your post apparently you did not attend office for a few days.
Did you submit leave application say by ordinary post? If yes attach the copy.
Did the company issue any notice/stinker/SCN for being absent? If NO then apparently it had received the information from you for being on leave for a few days.
The gap from the date you did not attend office and date from which you resigned is probably leave (authorized/unauthorized/LWP etc.)
Do you have copy and POD of resignation or notice of resignation submitted by you?
However if you resigned and breached some Bond/service agreement signed by you and company demanded payment of liquidated damages and you paid then also you have apparently fulfilled the conditions of Bond and appointment letter!
IN any case it seems that you have not absconded.
If company has marked the status as 'Absconded' then your employment record might not show 'Separation'.
Many of the high headed employers and its attorneys in Line Management profess some strange internal rules/policies...................as evident from many threads at LCI as well, that if employee is marked absconded then service certificate/reliving letter shall not be issued.
IN any case it seems that you have not absconded.
You need to get the gap regularized, resignation or notice whatever it is acknowledged and accepted,and get FnF statement (showing earned wages/leave encashment/bonus/liquidated damages claimed and paid by you/incentives/reimbursments etc) NOC/NDC,service certificate,relieving letter,Form16 as per correct FnF statement, Salary slips of all months, PF a/c statement etc from employer and charge of being 'Absconded' removed.
Do you have a copy of the Bond?
The Bond was created in lieu of what?
You need to consult an able counsel specializing in such/labor/service matters ASAP.
