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Tushar (Software Engineer)     29 December 2009

Absconding case


I resigned my organization on 30th nov and asked to release me by 7th Dec. I made them agree that there is no business dependency on me. Notice period is of 2 months in my org.But the policy says that "on the agreement of both parties, either one has to serve notice period, or employee has to pay 2 months salary as compensation to notice period." They are not letting me go and saying that u must have to serve notice period. Finally, on 10th Dec., i forwarded my resignation again, stating that 'i won't be avaliable to any services wef 11th Dec". Now they are saying that u have sufficient leave balance, so you can apply for 2 months leave, then return and collect ur certificate and releaving letter, but last working day would be of 30 Jan. I dont want to go with this route as it is hindering me to join other organization (dual employment). That other organization is saying that you just come with your resignation mail and sign a declaration saying that" i have resigned from previous org and they didn't give me releaving". Should i join this org with declaration? I'm receving mails from prev employer that they will put my case as ABSCONDING soon. Can they do that?


 13 Replies

Tushar (Software Engineer)     29 December 2009

Also, i have stopped going to my current org. after 11th dec.

Tushar ji, They can not file a complaint against you for absconding. Already you have submiited your resignation and served a notice to your previous organisation. Availing leave is upto you. You can declare that leave for 2 months will not valid once you submitted your resignation or you don't claim any salary after submission of your resignation letter or benefits during leave period which your previous organisation is forceing you to avail 2 months leave. With a declaration stating all facts, you can join in new organisation by submitting a copy of your resignation letter to your new organisation.
1 Like

Tushar (Software Engineer)     29 December 2009

Thank you Prakash Sir!

The real situation is that on 14th dec, i have already joined other organization with declaration on stamp paper.

As right now they are not giving me releaving letter and experiance certificate, so i'll go to them on 30 Jan (2 mnths from resignation). My demand is that i'm ready to do all financial settelments provided you give me my letter and certificate with Last Work Day (LWD) as 11th Dec 09.

Is it possible if they can refuse to give my certificate?

I've told them that i can't serve after 11 dec. Is it good to me if i take certificate and letter with 30th jan 2010 as LWD? i don't want to do this cause it may cause dual employment problem to me in future. Can they refuse to give me letter and certificate with LWD as 11th Dec?

Thanks in Advance!



Raj Kumar Makkad (Adv P & H High Court Chandigarh)     31 December 2009

You can very well join other org without any hesitation as your employer is at fault and is not following the agreed terms of employment so you are not at fault and no any complaint is sustaianble in the eyes of law even if it is filed against you.

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     31 December 2009

 I concur with the view of Advocates Mr. Prakash and Mr. Makkad. The question of dual employment does not arise in the instant case and the previous employer is duty bound to issue a service certificate.


1 Like

nikhil kumar sinha (legal associate)     31 December 2009

 U need not worry at all , cause u r not at fault and as u also showed tat there was no business dependency on u in the previous company . And its ur right to collect ur experience certificate.

1 Like

Tushar (Software Engineer)     31 December 2009

Thanks a lot Raj, Nikhil and V. VASUDEVAN!

It really boosted my confidance.


Wishing you all a very happy and safe new year 2010.


Warm Regards,


Umesh (DM)     24 January 2012

Dear Sir,

My case is also bit similar. I need your views please


I was working with an IT company. I put my resignation on 31 may 2011 on mail and telling them that i cannot serve full notice period but can serve till 17th June 2011. Also ready to settle my account as per my appointment letter and company policy and also requested him to tell me the person to whom I can give my work download. As per my appointment letter separation clause, "Employement can be terminated by giving two month notice period by either side or salary (defined as basic plus FEP) in lieu of. This will be subject to complete and formal handover of all assignments, proper transitioning, knowledge transfer, submission of company documents/classified information. Incomplete compliance is likely to have a negative business consequence and the potential to adversely impact internal planning, opportunity cost, customer deliveries and business image. In such situations, the company reserves the right to initiate strict disciplinary/legal action if required, including non-issuance of a formal relieving letter. In an event of breach of trust, confidentiality, willful misconduct or gross negligence on your part or any other bonafide reason, the company may terminate your services with immediate effect without any notice or compensation in lieu thereof.”


I served the notice till 17th June 2011 and in between this time I literally pleaded with HR and my reporting manager to give me resignation acceptance but nothing happened. On 17th June 2011, I again write a mail to my manager and HR stating that I cannot serve from now onwards but still I am ready to clear my account anytime you call and also will give download to desired person. But in a meeting (on 17th June 2011 6pm ) my manager and HR are pressurized me to serve the notice till 15th July 2011 for which I told them that I cannot serve that much. But still my manager wrote to HR that my last date of relieving would be 15th July 2011. Though I wanted to submit my laptop but in the absence of resignation acceptance on that day IT didn’t accept my laptop.  


On 20th June 2011 I joined new company but at that time company assets were with me. I regularly keep on calling HR to clear my dues but they didn’t turned on. In mid Oct I received a letter from HR stating that I am missing from 17th June 2011 and not completed my notice period of rest of the 43 days. Also they stated that I should return the company assets. I immediately went to office and submit the accessories and also download all my workload to a person in front of my manager.


I also submitted my clearance from all the departments to HR. But in the final meeting of HR, they told me that they will still treat me as an absconding employee. I also submitted the DD of desired amount against my notice period. But recently I received my relieving letter in which they have written that I am absconded from the company since 17th June 2011.


Also at the time of resignation, I put a screen shot of my balance PL of 45 days which they are not ready to adjust. They have themselves cut off all my leaves to zero.


Am I really absconded????   Please suggest me what should I do next so that they can give me proper relieving letter without stating me as an absconding person.




V. VASUDEVAN (LEGAL COUNSEL)     24 January 2012

Please issue a notice to the HR Manager and CEO/Managing Director, threatening to file a defamation suit

of hoisting false and fraduluent statement of a person with the "absconding".   Unfortunately a segment of HR and Industry has abused the process of law in the guise of "absconding" threat to the employee community. Abstaining from employment is completely different from absconding. Even abstaining is not the right term in the instant case.


Kumar Doab (FIN)     24 January 2012

@ Umesh,

It is always better to submit the minutes of discussion/representations in writing to build record in favor of the employee. Employee should be able to sense the trouble when line management, HR, admin becomes adamant, egoistic, recalcitrant, insensitive, and must  register a representation with good offices in writing under acknowledgment.

You may submit a gentle representation addressed to good offices of your appointing authority, MD, Head-HR, Company Secretary in writing under proper acknowledgment, covering all points including telephonic representation ( with date, telephone number from which call was made, and telephone number at which call was made, matter of discussion, name-designation-department of the company personnel and keep the bills of phone calls if these are available) in person representations with names of the company personnel and date and matter of discussion, and establish that you have resigned, transferred the knowledge, but company did not take charge from you although you were present to handover the charge, and demand a printed retraction of terming you absconding and withdraw the relieving letter with false comments and issue you a fresh relieving letter with good comments covering your achievements in the company, so as to reach you within next 7 days by redg/speed post only, and mention that you enclosing a self addressed postage prepaid envelope. You may mention that the willful approach of the personnel has adversely affected your future prospects and employability, credibility and shall spoil your labor finances, and resources, you have put in into your education and employment, skill and experience.

If the good offices do not provide the desired relief, you have the option of issuing a legal notice, and lodging a complaint with o/o Labor Commissioner.

Umesh (DM)     03 February 2012


I had send one reminder mail to HR asking then to release fresh relieving letter and also withdrawing the Absconding comment but the reply i have got from HR is as follows:

"Neither you served notice period as per company policy nor your notice pay waived off hence we have released you relieving letter mentioning the fact that you were absconded from your duties. "

Sir, even after clearing my F&F procedure and submitting the DD against remaining days of notice period alongwith transfering my download twice in the company i had recieved my relieving letter with and ABSCONDING note.

If i had paid against my notice period even then i am absconded ? Request to please suggest further action on the same.



Kumar Doab (FIN)     03 February 2012


Kindly go thru the advice of learned Mr. Vasudevan.

Although you may have your own reasons for remaining entangled with HR but your logic is not understood.

It shall be appropriate to represent to good offices by a letter thru registered post followed by email. You may cover all your representations to HR, line management etc in your letter to good offices of the company. You may mention that you are expecting the good offices to step in and undo the wrongdoing by the office of HR.

If the good offices do not provide relied and undo the wrongdoings of HR, you may handover the matter to your lawyer or on your own you may approach o/o Labor Commissioner. Your lawyer may advice you to include in your letter that if good offices do not undo the wrongdoings of its subordinate offices you shall be constrained to approach the lawful authority at the cost and consequences of the company.

Valuable advice of learned experts/members is sought.

Prakash (IT)     29 October 2012

Dear Sir ,

I have a query regarding same matter . I worked in a company as Trainee for 14 month in 2006 ,and left the organisation after verbale communication with manager . Now I requested company HR to provide me exp letter for my trainee period there but HR has denied to provide me expiernce crtificate for the same stating that you are absonding from the company.

I requested them if there is any due ,you can recover from me but HR department has denied to do any settalment in this case .

I would like to add few point here these are : I did not get any letter from company regarding my joining as trainee. I only got my Bank acount opened by company to get stipend .Neither Company sent me any warning letter/communication regarding my absence ,And now they are saying that you had been absconded from company.

Please suggest the ways ,to get the expierence letter from organisation .

Waiting for you reply on this matter .



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