You have posted that:
---“ Due to personal problems, I had to move out of the company.”
Resignation can be without permission and notice.
---“In my appointment letter and in email discussions before joining, notice period was clearly mentioned as 1 month.”
The notice period shall remain 1 month only as per bilateral agreement drafted and signed by employer with employee.
---“ At the end of my notice period is over the company sent me a mail telling that if I leave now, it will be considered as "Run away from duties" in short, they will mark me as "Absconding".”
It can be termed clear threat, criminal intimidation, coercion and this is in written form.
Your lawyer, employees unions, trade unions should succeed to teach a fitting lesson to such violators and thus reduce the number of such violators by one number in the industry.
‘Absconder’ is a derogatory word.
ab·scond
[ab-skond] Show IPA
verb (used without object)
to depart in a sudden and secret manner, especially to avoid captureand legal prosecution: The cashier absconded with the money.
https://dictionary.reference.com/browse/absconder
ABSCONDER<===> फ़रारी (pr. \\pharari\\ )[Noun]
+6
-2
ABSCONDER<===> पलायनकर्ता (pr. \\palayanakarta\\ )[Noun]
https://dict.hinkhoj.com/words/meaning-of-ABSCONDER-in-hindi.html
Noun
· Absconder
फरारी (Pharari) के लिए हिन्दी अर्थ | Meaning of फरारी in Hindi
1. फरार होने की अवस्था क्रिया या भाव
https://shabdkosh.raftaar.in/Meaning-of-%E0%A4%AB%E0%A4%B0%E0%A4%BE%E0%A4%B0%E0%A5%80-in-English
Your lawyer may opine that you can file complaint for………………..defamation, discriminatory retaliation, by vindictive and zealous management and employer.
---“after sending in a resignation mail, the company (even after acknowledging that I want to resign)”
“The reason being stated is that I am a senior developer and cannot leave when some project is running. “
The resignation has been acknowledged by company, on record.
Company can not hold you for more than 1 month. It can only make a humble appeal to stay for some more time and pledge to pay wages for the same at agreed rate…………………..that can be as being paid or you can negotiate.
If the resignation has been tendered by employee then employee shall choose the effective date of resignation/separation/last day-date in office. Relieving can not be pre poned or postponed by employer.
You must demand in writing under proper acknowledgment to let you examine your service card and personnel file maintained by employer in his office and that employer should call back in writing its threat to declare you absconding and pledge in writing that it has removed this status from its all internal record forever and in future in reference check/BGV it shall not state that you absocnded . In the same communication highlight your achievements, contributions, good work and conduct displayed and more so that you were made to remain on employment forcibly for 15 days (w.e.f dated ………………..that is your last date in office as per notice of resignation) and you have displayed high degree of character by representing again and again to complete the process in time.
If they don’t allow or maintain studied silence you may approach lawful authority, court of law for the same.
---“ Even though there is no role left for me in current project.’
You must highlight it and quote from record that no tasks were pending at your end and nothing was left unfinished by you.
---“did not assign any resource for Knowledge Transfer for 3 weeks. After 3 weeks, someone was assigned someone, but he did not respond or take any step towards KT/handover.’
It is failure of line management, HR, and employer himself for having failed to assign replacement, not yours. Therefore do not hold yourself responsible or even stake holder.
You have to claim that you have been representing and affirming to handover in person in office to Mr/Ms………………. Designation………………..dept………………name of company …….address. The person (someone) assigned was unwilling for handover of charge, despite repeated attempts by you.
If no one was available or if everyone was unwilling the HOD/Reporting authority should have come forward and taken the charge/accepted the company property.
---“So, after serving 1.5 months notice period (only 1 month required according to offer letter)’
You have co operated for 15 more days and have helped them. Even during this period if company’s good for nothing line management, HR, and employer himself were not able to instruct the assigned person/replacement or anyone for completing the handover then they are at fault and not you.
Did you mark the attendance during these 15 days and d you have record of work assigned to you and done by you?
After extending for 15 days did the company pay salary wages for previous month?
If NO company can be accused of defaulting on payment of earned wages and breach of trust.
It can also be termed as case of ‘Intimidation’, bondage, coercion, threat by dangling the dagger of non payment of earned wages.
Bonded labor has been abolished long back.
Did the company affirm to pay wages for extended period in writing?
You may narrate all representations made so far by email, phone, in person etc (mention dates, phone numbers, names,…………..brief minutes of discussion) by final representation addressed to god offices of appointing authority, MD etc highlighting that you have complied to email dated………….…………………….and demand to supply ……………acceptance of resignation, service certificate, relieving letter (with good comments and avoid without or with adverse comments), FNF statement, FNF dues by bank DD only including performance incentives, arrears (thru redg. Post),Form 16 as per correct FNF statement, PF number (if applicable), ESIC card (if applicable), salalry slip of all onths of employment, etc……………………by redg. Post only…….so as to reach you in next say……………..7 days by redg. Post only.
You may mention that postage prepaid self addressed envelope is attached!
If good offices also do not resolve then you may approach your lawyer!
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If employer defaults on wages then it might have defaulted on PF,ESIC, TDS, Contribution for insurance, Gratuity etc too………………………….
Employee can approach:
>>>Inspector under Payment of Wages Act; Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the act……………………………….within 1 year.
Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months.
You may refer to: Payment of Wages Act; Sec: 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit requisite Form for recovery of wages.
>>>Inspector under --Tamilnadu Shops and Commercial Establishments Act.
Max. notice period as per this Act is 1 month.
You may go thru Sec:2(3,5,12,18,..), 4, 5,6,13,14,25,26,28,29,30,31,32, 41, 43,47……….
One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time.
>>> O/o Labor Commissioner;
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under UP Shops and Commercial Establishments Act…………………………..however you may lodge complaints mentioning the enactments separately.
----Employees Unions e. They may help you.
--- Trade Unions.
----RPFC thru nearest PF office.
Does the company supply PF number, PF a/c slips for each year/or E Passbook? It has to.
----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
--- Form16: --ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor (employer in your case) is offence and employer can be penalized.
--DLC-Gratuity
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU
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--ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor(employer in your case) is offence and employer can be penalized.
Discuss the matter in person with local Labor Consultant/service lawyer before you proceed further.
Your lawyer may opine that you as per your designation/nature of duties should be covered as ‘Workman’ as in ID Act, ‘Employee’ as in shops and Commercial Establishments Act.
The employees that are not even workman, members of unions they also know how to defend their rights and do not get influenced by line managers, HR and defend their rights.
The employees that are not members of employees unions, trade unions are usually not properly informed and face harassment, exploitation.
Service conditions are protected by Indian laws………………!!!!!!!!!!!!!!!!!!!!!
There are instruments of law, statues that defend the interest of employees.
There are many threads on similar query e.g;
https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU
You may find many threads relevant e.g.;
https://www.lawyersclubindia.com/forum/Employer-not-giving-acceptance-to-the-resignation-101590.asp#.U2CQrUeBmXU
IT/ITeS employees have their unions and trade unions like CITU, AITUC, INTUC,BMS, ShivSena have embraced them e.g;
https://www.itecentre.co.in/
https://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook
UNITES Professionals
www.unitespro.org
https://www.wbitsa.org/
www.itpfindia.org/
https://itnitesunion.wordpress.com/author/itnitesunion/
Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
https://www.amrc.org.hk/node/1088 CBPOP
https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html
https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx
https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435
IT companies are covered by Standing Orders
and shops and Commercial Establishments Act of the state.
The enactments and contact details of Labor Officials should be available on website of Dept. of labor Tamilnadu or you can buy latest version from market.
