Absconding, advice, concerns

Employee should never act in haste, and should always consult elders in the family, competent and experienced well wishers, lawyer/law firm before acting on his own.

It is better to consult in advance than to repent later.

Kindly imagine for some time that you are an employer and your employee has committed some thing like you have posted.

From the employer’s point of view what you have committed is unthinkable, unbecoming of a good officer and unpardonable.

You may hold on to your temptation for writing to your employer for the time being, and meet a competent and experienced labor consultant/service lawyer, before you meet Directors/Promoters/Line Managers or HR of the company.

Probably you would have an idea what are the performance parameters/ KRA’s of line managers and HR……………to successfully handle cases like yours. You might provide them a case for performance to be counted in their appraisal.

There seems to remote chance that company can tolerate and exonerate you.

Kindly go thru the details once again and draw your strategy in consultation with your lawyer and proceed under expert advice of your lawyer.

You have posted that:

----“Today it has been more than 2.5 months that I’m on leave.

“I explained my situation to my new employer and he has agreed to let me go back to India next month to complete my formalities with the previous company. “

You have joined another company while you are still employed with one company……..your employer can charge you of dual employment.

“I emailed my previous manager that I will get discharge next month then will meet him but did not get any reply from him.”

Who advised you to write it???????

“Today HR emailed me asking for medical certificates and threatened me that I will be marked absconding.”

You have feigned sickness. You have reported sickness too.

During reported sickness while you were confined to bed you have traveled abroad……….

If you submit a medical certificate it would be ‘fake/fabricated’ and doctor furnishing such certificate can be behind……….B*rs, and loose his………..L*cence…..

You can also be prosecuted………..

----“ I know what I have done is not completely ethical but if my project was shut down company would not hesitate to lay me off either.”

In such eventuality you would have had lawful recourse available to you.

----“ I was always a top performer and worked with full dedication (maybe that’s the reason they won’t let me go).’

First of all pls erase the performance thing from mind and understand the gravity of the situation. Until or unless your employer pardons you and relieve you without creating noise you are trapped.

----The employers who run companies are not naïve.

Hence the demand for Medical certificates…..

Submit sick leave for the period you were in India and try to think about some other compulsion due to which you had to be on leave. Try to get it approved/regularized till a day before you joined the3 new company and send copy of resignation submitted by post.

If your company is organized it might have obtained legal opinion by now or might seek  legal opinion and in such a case termination is imminent.

Hope you can read between lines.

Let your lawyer’s opinion be final on the points raised and discussed in this thread.

If at all you want to submit any document in writing let it be structured and drafted by your lawyer.

Valuable advice of learned experts/members is sought.

Hello Kumar,

First of all thanks for your advice.

I completely agree and understand some of the points you mentioned. But please understand I need guidance in getting out of this situation as appose to you making me realize my fault. Honestly I had no idea that things would get so serious, as I have seen my friends getting away with it just by submitting a simple medical certificate.

Just to make one thing clear, I'm yet not hired/employed with the new company. I have kept them on hold until I sort things out with me previous company hence no dual employment.

I also understand that as per the law I'm at liberty to change/quit jobs whenever I want without serving the notice period, provided I clear my dues and pay for the notice period etc.

I know that I should have formally resigned before making such decision but I didn't have time as I would have lost the opportunity that I waited for a long time.

I spoke to the HR to tell her that I will meet her next month and explain everything but she wants me to provide medical certificate which I obviously don't have and can't even think of submitting fake ones.

What should I do now? Should I resign stating that I'm not willing to continue to work with them?

You have posted that:

----“ I emailed my previous manager that I will get discharge next month then will meet him but did not get any reply from him.”

It is reiterated that you should not have written it.

Only you would know what else has been submitted by you in writing.

You may put all communication in order and show it to your lawyer.

Kindly go thru the details once again and draw your strategy in consultation with your lawyer and proceed under expert advice of your lawyer.

----“I was always a top performer and worked with full dedication (maybe that’s the reason they won’t let me go).

I have seen my friends getting away with it just by submitting a simple medical certificate.”

Apply your rapport, goodwill and ensure that you get leave approved even if on LOP.

The employer/promoters/Directors/GM etc has the discretion and can pass the leave on LOP.

Your travel to abroad during period of sickness reported by you should not get leaked to the company.

““Today HR emailed me asking for medical certificates and threatened me that I will be marked absconding.”

HR has limited powers and has to follow the company policy. Against sick leave if medical certificate is not submitted HR can not admit leave and in that case as per company policy HR may have to declare you absconding. This might have been approved by higher management as well.

Abscondment is misconduct. It may lead to termination. Company may have its own internal policy to deny relieving letter in case of abscondment.

----“ I also understand that as per the law I'm at liberty to change/quit jobs whenever I want without serving the notice period, provided I clear my dues and pay for the notice period etc.”

Resignation can be without permission or notice.

Apply your rapport, goodwill and ensure that you get not just acknowledgment but acceptance of the resignation with seal and signature of official of the company on your copy of the resignation, on the spot, even if it is a handwritten comment or by email from official email id of the company on the spot.

 Company does have the choice of issuing order of termination even if you submit resignation.

----“I have a good amount of incentives due in my account plus leave encashment etc. however my main concern is to get my experience/relieving letters as I worked there for a significant amount of time.”

First of all aim for getting acceptance of resignation, service certificate, relieving letter with good comments (Avoid without comments or with adverse comments).

Has the company stated about eligibility of incentives in your appointment letter, CTC sheet, and do you have the copy of incentive policy, Tgt Vs performance data/record, and confirmation of being eligible to get incentives?

Company shall encash the leave in FNF statement/settlement as per its leave policy and leave rules.

If company does not disburse incentives in FNF statement/settlement you may decline to accept FNF statement/settlement in writing under acknowledgment.

You might have noted that our stance has been pro employee.

It is reiterated that you may see your lawyer. Let your lawyer’s opinion be final on all points discussed in this thread.

You may find other threads at LCI relevant and useful e.g;

https://www.lawyersclubindia.com/forum/Termination-after-resignation-has-been-accepted-78400.asp#.UWZNqNgsHso

https://www.lawyersclubindia.com/forum/Senior-quits-during-probation-advise-required-78308.asp#.UWZPo9gsHso

https://www.lawyersclubindia.com/forum/Termination-78579.asp#.UWZSW9gsHso

Finally: Rest is upto you. You may proceed as deemed fit at your end.

Valuable advice of learned experts/members is sought.

confused.

what exactly you want.

Kumar,

Thanks a lot for your advice, as suggested I will talk to my lawyer before I make any move.

My sole intention is to get a garceful relieving. I shall update you soon. Thanks again!

Sachin