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Kamal Rawat (Trainer)     24 July 2014

Relieving or absconding

Hi,

I am working with an MNC and have resigned from my job notifying current employer to serve 30 days notice period through an email.  Company agreement binds me to serve 60 days notice period or to pay for shortfall of notice if business agrees. However, current organisation is not ready to adjust shortfall against notice period in our verbal discussions.  Till now they haven't replied to my resignation email. I resigned on July 10th. Now, I am also facing some severe back pain issues which started since last year due to minor slipped disc at two points. I tried to persuade them to relieve me early on medical grounds, however, they are offering me leave for two months but not relieving me. I am very much stressed and aprehensive for my career,

In this case, if I do not continue my services after my last date declared in my resignation e-mail i.e. August 8th, can company record me absconding in its records? Also, can legally I consider them in agreement to my e-mail if they don't reply to it? Can they deny relieving on medical grounds even when I have all reports and diagnosis? 

Please help me out I am very stressed.

 

 



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 4 Replies

Kamal Rawat (Trainer)     25 July 2014

Hi, I am working with an MNC and have resigned from my job notifying current employer to serve 30 days notice period through an email. Company agreement binds me to serve 60 days notice period or to pay for shortfall of notice if business agrees. However, current organisation is not ready to adjust shortfall against notice period in our verbal discussions. Till now they haven't replied to my resignation email. I resigned on July 10th. Now, I am also facing some severe back pain issues which started since last year due to minor slipped disc at two points. I tried to persuade them to relieve me early on medical grounds, however, they are offering me leave for two months but not relieving me. I am very much stressed and aprehensive for my health and career, In this case, if I do not continue my services after my last date declared in my resignation e-mail i.e. August 8th, can company record me absconding in its records? Also, can legally I consider them in agreement to my e-mail if they don't reply to it? Can they deny relieving on medical grounds even when I have all reports and diagnosis? Please help me out I am very stressed.

T. Kalaiselvan, Advocate (Advocate)     27 July 2014

Why do you rely only upon email communications, why don't you send the details by registered post and create record for all of them so that it may useful to fight out the legal case against the company in the future.  Even now it is not late, send them by registered post.  You may consult a service law practicing lawyer and take his further advise.

Kamal Rawat (Trainer)     28 July 2014

Hi Kalaiselvan sir, thanks a lot for the advice!! i have contacted MD of the organization for relief and will get to know final take of management on Wednesday. I am in immense stress and need all the advice possible. Will let you all know what happens on Wednesday.

Kumar Doab (FIN)     03 August 2014

Resignation is personal matter and can be Communicated from personal email.

However letter thru Redg. Post  should be preferred.

Notice period is not just dependent on T&C inserted by employer in appointment letter hence 60 days notice may really be not applicable in your case.

 

You may go thru other threads e.g;

https://www.lawyersclubindia.com/forum/Chennai-IT-company-Notice-period-not-serving-legal-implications-106510.asp

https://www.lawyersclubindia.com/forum/Not-serving-notice-3months-due-to-plans-for-higher-studies-106255.asp#.U9u0YuOSwb8

and other threads mentioned in these.


If you are apprehensive that employer may declare you absconding in its records then build the record carefully under proper acknowledgment.
 
Take the help of local labor consultant/service lawyer, employee's union, trade union leaders.

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