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amw   19 April 2015

Absconding case w/o serving notice period

Hi, I worked in IT company for 3 days and got better offer. I joined new company. After joined new company, I sent my resignation letter to the old company. Please let me know if this will create any issue in my current job and in future. Is it required to get relieving letter from previous company for which I worked for 3 days.   



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 8 Replies

saravanan s (legal advisor)     19 April 2015

i assume that you havent shown the employment in the previous company when you joined in the current company.if there is any mention about notice period in the past company and if the company decides to take action on you for not abiding by their rules then you will be in a problem.in that case if your current employer comes to know about it somehow then they may initiate action for concealing the facts to them

Kumar Doab (FIN)     19 April 2015

 

 

If you have resigned then you have not absconded or absented or abstained.

‘Absconder’ is a derogatory word and anyone called absconder can sue the person who utters/writes this word.

 

The moment employee has resigned he/she has ended employer-employee relationship.

 

Hope you have copy of the resignation and proof of its dispatch. Subsequent to email the resignation can be sent by letter thru redg. Post also and POD (free of cost) and certified copy of run sheet of postman can be obtained from PO (against payment of Rs.10/-). In this letter you can mention the reason for resignation as well and cover any loophole (if any) in consultation with elders of the family/your counsel, and can attach the copy of resignation by email.

 

NO establishment/company can frame any rule that is violative of enactments/Acts/statues/Labor Laws/law of the land applicable to establishment/employer.

IT companies are covered by (name of the state) Shops and Establishments Act…………………….this Act does not discriminate between ‘Workman’ and ‘Non Workman’……………………………and also standing orders.

The notice period applicable for the service period of 3 days/during probation is NIL.

However the HR/legal cell personnel/employers have been inserting notice period of ………………..days in appointment letter drafted by them and signed with employee……………and hence have been violating the law of the land.

The employee should become member of employee’s/trade unions to be properly informed/supported.

The seasoned union leaders know precise ways to drill sense into the heads.

 

The employer has to tender payment of 3 days that you have worked and supply the acknowledgment of resignation,acceptance of resignation,FnF statement, salary slip,service certificate, relieving letter to you.

Similar query has been discussed in many threads e.g.

 

https://www.lawyersclubindia.com/forum/Legalnotice-from-employer-offer-terms-breach-absconding--118957.asp#.VTNuc9yUcqM

The HR personnel will follow the internal/written/unwritten policies of the employer for them and will do their best to extract the notice pay.

However you should mind that even after extracting notice pay the proper relieving letter may not be issued and if status: ‘Absconder’ has been recorded in your personnel file it may not be removed and may affect you………………

 

As far as next employer is concerned you can claim the non mention of 3days service as minor ‘Indiscretion’ and next employer can also ignore it. After all the next employer is getting benefitted with you being onboard………………….and it might also be indulging in same activities like your past employer.

Handling the bosses and employers is a skill that can be acquired like any other skill and a properly informed and supported employee can do it better than anyone else.

 

  

If you are unable to handle the matter on your own, entrust it to your labor Law Consultant/Service matters lawyer……….

 

 

 

Kumar Doab (FIN)     19 April 2015

Repeated Query:

 

https://www.lawyersclubindia.com/experts/Absconding-leaving-without-serving-period-533871.asp

Suresh C Mishra (advocate)     19 April 2015

you should have resign in the old company as per the terms agreed there in the appointment letter. in case there is something in your charge with the old company , you have to surrenders the things and get NOC and then quit. 

notice is must and it is for the old company to decide what to do, but do not worry and wait for action from their side and then take an advice properly disclosing all the facts.

amw   19 April 2015

These are the terms and conditions mentioned. Please guide me. 

Un-Authorized Absence - Any absense for 3 consecutive business day without prior permission will be treated as un-authorized absence from the work. In such a case, the company is entitled to terminate your service and/ot seek compensation for any loss suffered by the company or its client due to such an absence

Termination by Employee - If you wish to leave the services of the Company a clear written notice of 15 days has to be given to the company. In case of failure to give such written notice within the prescribed time, you are bound to make good the loss suffered by the company and any other charges/liabilities companu incurs consequent to the failur to give required written notice. However due to exigencies of business the company may at its sole discretion reject the salary in lieu of notice and ask you to serve the entier or part ot the notice period.

amw   19 April 2015

I know I did a mistake by not giving proper notice to them. But now I have send proper resignation letter and also updated exit notice on their site. Till now I didn't get anything from them. I got tensed by the mistake that I have done. Looking for help and guidance and what steps I should take now to rectify it so that it will not impact my career.

Kumar Doab (FIN)     19 April 2015

Don't torment yourself and seek counsel of professionals/lawyer/trade union leaders alongwith elders of your family.

In has already been explained in this thread and the other thread initiated by you,mentioned above that:::::


NO establishment/company can frame any rule that is violative of enactments/Acts/statues/Labor Laws/law of the land applicable to establishment/employer.


IT companies are covered by (name of the state) Shops and Establishments Act…………………….this Act does not discriminate between ‘Workman’ and ‘Non Workman’……………………………and also standing orders.



The notice period applicable for the service period of 3 days/during probation is NIL.



If you have resigned then you have not absconded or absented or abstained.


‘Absconder’ is a derogatory word and anyone called absconder can sue the person who utters/writes this word.

The moment employee has resigned he/she has ended employer-employee relationship.



The employer has to tender payment of 3 days that you have worked and supply the acknowledgment of resignation,acceptance of resignation,FnF statement, salary slip,service certificate, relieving letter to you.



What is the language inserted in appointment letter in clause pertaining to 'Termination by employer'? Is it stated that employer can terminate without notice? If yes it can easily be termed arbitrary!

The contract of employment has to promote equitable discretion.



Still if you 
are unable to handle the matter on your own 
entrust it to an able labor law consultant/service matters lawyer/law firm.


T. Kalaiselvan, Advocate (Advocate)     29 April 2015

Hope this will not make any impact to your present employment.  Expert Mr. Kumar Doab has clearly explained the situation, nothing more to make you understand about the issue.


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