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.