1. Employee should always tender some reasonable notice and handover the charge under proper acknowledgment……………………and avoid abrupt termination.
2. You have posted that:
---“My sis (ABC) has absconded from MNC( software firm)…………………………….. So she just left the company in one day by mailing the managers and HR. She has informed her managers and HR of leaving the company……………………..”
She has properly resigned and has not left without any info, hence she is neither absconding nor abstaining nor absenting.
If company has used word ‘Absconder’ in any communication then your lawyer may opine that it is derogatory and company can be sued.
She may however submit a resignation letter addressed to person that has signed the offer letter by Redg. post, and obtain POD from PO and certified copy of run sheet of postman.
---“ as she has a marriage due next month and she can not continue with her job there.”
It is a valid reason for separation by resignation.
---“ She joined the firm a month back so there was no dependency on her. “
She may write that NO tasks were pending at her end and no company property was assigned to her(if true) and hence nothing is due towards her.
If required she may visit for a day (after replying by Redg. post) and handover the charge under proper acknowledgment.....................................
If she wants she can ask for an appointment to be supplied to her in writing by Redg. Post.
If she has any apprehensions she can take employee's/Trade union leaders, lawyer, family member with her.
---“Also, she is not expecting any relieving/ experience letter from the company……………………………… without demainding any money(PF) or experience letter.”
Don’t err by leaving payment of wages till last day in office by bank DD only, service certificate, relieving letter, PF/ESIC number, Form16, salary slips of all months, NOC/NDC etc……………
Demand to supply all of these by Redg. Post only.
This has to be supplied to employee by last day in office or within next 3 days or max. by usual pay day.
---“yet the company is sending the warning letters to take legal action against my sister if she doen not report to the comany or give them 2 months salary in lieu of 2 months notice period.”
The notice period of 2 months may not necessarily be applicable to her, and she may not owe it to company.
3. She was located in which state?
The redg. office/HO of the company is located in which state?
How many persons are employed in it?
What is its line of business; IT, Banking, insurance etc…….?
The company has issued offer letter or appointment letter both? Has the notice period of 2 months been stated in offer letter or appointment letter?
She is in which state now? Does the company has an office at her location and is it registered?
What is this establishment: Commercial or Industrial?
Does it have its certified standing orders and has it extended it to her designation?
Does Industrial Employment Standing Orders Act/Model Standing Orders apply to it and does it cover her designation?
What was her designation and nature of duties?
Was she under probation or was her service confirmed in writing?
4. The issues is that employee’s either do not unite or do not become members of unions do not form ‘Work’s Committee’/IC/GuilD,,,,,,,,,,,,,,,,,,,,,,and are ill informed to handle their issues……………………..then they are apprehensive to approach unions and lawyers even when they suffer…………………
Are you aware that ‘‘Work’s Committee’ is an authority under ID Act and employee’s can negotiate service conditions with employers……………………………..and that Chairman/President is from Employee’s side and the committee has equal number of employee’s as members?????
5. Notice period is not dependent upon whims and fancies of employer and any T&C inserted by employer in any private agreement drafted by employer and signed with employee.
The notice period applicable to you may not be even 30 days...............................................it can't be beyond as stated in Labor Laws applicable to the establishment.
However discuss everything with elders in your family and choose the option that suits your aptitude.
