Regarding absconding rules

Company can refer to be examined by its doctor. But doctor should examine the patient.

Or the diagnosis mentioned in prescripttion/medical certificate submitted by you is such that, any doctor worth his salt can comfortable say this condition does not require bed rest.

 You may go back to your doctor.

Another alternative is that you may check standing orders of the company and SE Act applicable to your state and confirm if 3 months notice during probation period is justified.

If you are on unapproved leave company may issue you a warning and/or declare you absconding and terminate you. This shall be detrimental for your career. Try and obtain waiver of notice pay.

If you are not well you may get yourself examined by a doctor and obtain proper Rx, medical certificate, lab reports/x ray etc and doctor may advice you bed rest/no traveling. Post doctor's advice you can request the company in writing under acknowledgment to get you examined by its doctor at your current location. Company may or may not do so.

Thanks for your reply. 

But I want to know, since I had already put in my resignation and had already served a notice period of 24 days, and also communicated to the HR team in writing that I will be unable to continue with the remainder notice period, can they still term me as absconding? And if they do so, can they start any legal procedure against me or file an FIR? 

Also, from where can I check the companys standing order?

This is a situation for the company as well. It shall assess the situation and take the call. Companies do take tough stand.

The employee does not stay even for a few months’s of probation period and apparently joined for the interim period before joining academic session to peruse higher studies. Companies are not looking for this kind of association.

Notice period: Delhi SE Act 1 month, AP SE Act: 15 days.

Copy of SE act of your state can be purchased from market. O/o Labor Commissioner at your location may also help you.

Certified standing orders of the company are to be displayed at the entrance, and/or are circulated/ kept on HR page of the employee portal/are available with concerned personnel of the HR and may be available with some old employee. Employee can ask for the copy of certified standing orders, employee rule book, and you may submit request to HR-Head.

You may add that notice pay applicable in your case may be adjusted in FNF statement and this statement should be supplied to you by redg post.

HR shall be following the internal policy of the company. In all probabilities company shall contend that terms and conditions as expressed in appointment letter duly accepted by you shall apply.

You may submit a gentle representation to the good offices of your appointing authority, MD, with a copy to Head-HR, company secretary mentioning that you have submitted resignation and request to adjust notice pay in FNF statement, and you are sick and has been advised bed rest ( copy of medical certificate/Rx of doctor is enclosed) and shall not be able to attend office and has communicated these facts to Mr/Ms........Dept........../designation...........on dated................by phone call at his/her phone number......... (Keep the bills) and by email/letter/fax etc. dated...........addressed to............. Mr/Ms........Dept........../designation............

Despite the fact that your resignation has been supplied by you and being received by company on dated.......( keep the POD) , leave application, Rx of doctor, current native address where you are for bed rest and care by family, instead of processing your request and resignation on dated............Mr?/Ms.......has pointed out that company shall declare me absconding which is otherwise false and this action of the company has caused you stress and you are anticipating harassment. Request for the intervention of good offices and mention that acknowledgment and acceptance of your leave application, resignation, FNF statement, form 16, work experience/service certificate, PF number/accumulation reports/duly attested withdrawal-transfer forms  be supplied to you, at your address given below, by redg post and a postage prepaid self addressed envelope is enclosed herewith. You may mention that you are withdrawing your email id ( if given) from records of company and you are contemplating to close this id, therefore company may supply all communications thru redg post only, by letter under original seal and signature by hand of the good offices/ competent employee whose name, designation, dept may be written below his signatures. If you wish you can mark a copy to the O/o Labor Commissioner. You may visit an experienced and competent service lawyer at your location with all documents and give inputs in person.

Ref. Your PM.

If you are still in probation period and notice of termination by company is 7 days it is implied as same in case of employee. You may quote the clause of termination in your notice of termination. The company seems to be taking undue advantage of employees who are ill informed about their rights. Approach your lawyer and issue legal notice, in the name of HR personnel coercing you and good offices.