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Leo Chennai (Software Professional)     28 September 2013

Absconding from bpo

Dear All,


I am Leo. I worked in a MNC Bpo  for 13 months. I joined this organization on 24th Nov 2011.

During Jan 2013, I was selected for an  IT job and it was an immediate joining job. So on 4th Jan 2013 I informed  my manager and HR about my spot resignation.

As per things given in my appointment letter I have to serve notice period of 30 months or pay one month basic salary.

They asked to serve notice period of 30 days but I was ready to pay one month basic salary and serve for 15 days.They said 'NO'  and they will take my case as an absconding case. I did not have any idea and I returned my ID card, locker keys and just I left the company informing all(but not through mail).

Till now I have not received any of the following letters from them.

1. General letter enquiring about the reason of absence
2. Serve notice period
3. Warning letter
4. Termination letter.

Is it possible to get relieving letter legally? I know I am too late as it crossed 9 months. I am unaware of this forum.


Please help and advise me

Regards,

Leo




Learning

 3 Replies

M.S.R.Murty ( Manager (Admn))     28 September 2013

Dear Sir,

When you are handing over the locker keys and other related items, you got any receipt note for that from the Company?   Better to convince the Management and get your required releaving letter 

Kumar Doab (FIN)     28 September 2013

 

 

 

Such matters are best resolved by applying goodwill, rapport, exceptional levels of persuasion, persistence, negotiation, reasoning, flexibility, adaptive skills……………..

 

 

 

Employee should always tender some reasonable notice and try to leave at a good note.

 

It does not mean that employee should get exploited.

 

Employee should never abscond or absent or abstain…………………………..

 

There is no need to abscond or absent or abstain…………………………..

Employee should not act in haste……………………………..

 

Employee should become member of Employee’s union, trade union, IC, Guild, Forums etc……………………

 

Employee should always discuss with elders in the family, competent and experienced well wishers, lawyer/law firm, trade union leaders, than acting on his own.

 

If today’s scenario when employers are surrounded by legal cells, lawyers, and are creating legal traps, bonds, agreements, employee should retain access to lawyer at his location preferably and discuss in person.

 

 

You have posted that:

 

-------“ As per things given in my appointment letter I have to serve notice period of 30 months or pay one month basic salary.”

 

Company could have adjusted notice pay in FNF statement/settlement.

 

Did this BPO confirm your services in writing by letter of confirmation?

 If NO show the appointment letter to your lawyer and language in clause on probation/confirmation etc is studies carefully. As per the clause till confirmed in writing, employee may still remain under probation.

 

1 month notice period during probation may get termed as unreasonable.

BPO’s are covered under Shops and Commercial establishments Act.

 


Call Centre Is an Establishment under the Shops & Establishments Act – Delhi High Court 2012

Delhi High Court

Mantec Consultant Pvt. Ltd vs State & Anr

https://www.indiankanoon.org/doc/147071732/

 

 

 

{The Inspector/Labor Commissioner may opine that notice period of more than 1 month is void.

Another employee has posted that Labor Commissioner opined notice period of  more than 1 month  may be termed void……….

 

https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkaBX9KAqWN }

 

If the Payment of Wages Act applies to it, standing orders may apply.

 

If standing Orders are not certified Model Standing Orders shall apply.

 

Notice period during probation period is NIL. Model Standing Orders (13.          Termination of employment)

 

 

 

------“They asked to serve notice period of 30 days but I was ready to pay one month basic salary and serve for 15 days.”

 

You could have stated so in writing in Notice of resignation/resignation or even subsequently.

 

Employee should always build favorable written record.

 

“I left the company informing all(but not through mail).”

 

You have informed in person and by email in writing. Employee should preferably submit resignation by letter thru redg. post and it should be carefully drafted to suit the employee’s interests in long run.

 

The notice/resignation should preferably be drafted in consultation with elders in the family, competent and experienced well wishers, lawyer/law firm, trade union leaders…………….

 

 

 

----------“I did not have any idea and I returned my ID card, locker keys”

 

Did you obtain acknowledgment?

You could have stated the submission even if by email or in resignation, by email.

 

Or even by subsequent communication.

 

Or even now.

 

At the most company may claim charges for it (reasonable and actual charges).

 

 

--------“They said 'NO'  and they will take my case as an absconding case.”

 

It is threat and falsification of record.

 

You have properly informed in person and in writing.

 

You should vehemently deny the false charges and falsification of record and may charge the line managers, HR by name.

 

Resignation can be without notice or permission. If liquidated damages in the form of notice pay is stated in appointment letter that should be the max. company can claim.

 

The company should have replied in writing by effective modes of communication e.g redg. post, to resignation submitted by employee.

 

The time for payment of FNF dues is on the last day in office, within next 2 days or max. by usual Pay Day. Model Standing Orders (13.         Termination of employment)

 

 

The company should have also supplied the Service Certificate on the last day.

 

Model Standing Orders (16.        Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

 

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.)

 

 

If the company had proceeded to level charge of absconding: a misconduct,  then it should have supplied communications/notice/show cause notice preferably by redg. post, advertised in 2 newspaper  and should have supplied termination order by redg. post.

 

Model Standing Orders  (14.      Disciplinary action for misconduct)

 

You may submit a carefully structured communication by letter thru redg. post addressed to good offices of appointing authority, MD and raise your demands and reply and payments by bank DD and docs by redg. post so as to reach you say in next 7 days………………….

 

If possible seek an appointment from good offices to meet in person and clear the matter.

 

Has the company been deducting PF, ESIC etc and has it supplied all salary slips, PF number, PF a/c slips for entire length of service,  ESIC card, Form 16……………….etc

 

If the god offices do not respond or resolve……………………………….you may approach:

 

>> Lawyer/Law firm: The legal notice from lawyer can drill sense into the heads.

>> Trade Unions, employee’s group/union/IC/Guild………………….. 

>> O/o Labor Commissioner: labor Inspector………..

>> Inspector under Shops and Commercial Establishments Act of the State…………

 

>> Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages as in the Act up to Rs. 180000/pm)

2. Definitions………3*[(vi) "wages" means………………..(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
3. Responsibility for payment of wages
4. Fixation of wage-periods.
5. Time of payment of wages.-
7. Deductions which may be made from wages

 

>> Police;


There are threads to indicate employees have been contemplating to lodge criminal complaint under sec 406/420………………………..and approach employers as Creditors treating the employer as Debtor and unpaid wages as debt on employer…………….

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI



Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment

>> Form16: Lodge complaint with ITO-TDS where employee files his IT return and jurisdictional CIT-TDS where employer files his return.

>> PF; The company could have chosen to deduct PF on the threshold compulsory limit as set by EPFO. RPFC in local o/o PF Commissioner can be approached.

>> ESIC: The wage ceiling was fixed at Rs.15000/pm as per def. of wages in the Act.
{It has recently been hiked to Rs.25000/pm
https://www.lawyersclubindia.com/forum/files/1001059752_esic-limit.pdf}

>> Civil Court

 

 

 

https://www.lawyersclubindia.com/forum/Bpo-norms-88678.asp#.UkaEv9KAqWM

 

 

https://www.lawyersclubindia.com/experts/Notice-period-not-served-in-full-425096.asp#.UkaBCdKAqWM

 

https://www.lawyersclubindia.com/forum/Empolyer-forcing-for-notice-period-89058.asp#.UkaBQtKAqWN

 

https://www.lawyersclubindia.com/forum/Not-giving-pay-slip-experience-and-pre-leave-certificate-87112.asp#.UkaEMNKAqWM

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=2#.UfpLxtKAqWM

 

https://www.lawyersclubindia.com/forum/Denied-of-employment-experience-letter-87039.asp#.UhhfaNKAqWM

 

https://www.lawyersclubindia.com/forum/Ites-bpo-companies-category-86982.asp#.Uhhf29KAqWM

 

https://www.lawyersclubindia.com/forum/Wrong-termination-and-forcing-for-resignation-85949.asp#.UhhgytKAqWM

 

 

 

Some of the unions for IT/ITeS/BPO employees:

 

https://www.itpfindia.org/ https://www.itecentre.co.in/ 

Contact Us

Please contact us on mail id : 

contact@itecentre.co.in. ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees.

To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com 

https://ithiworld.wikispaces.com/News+Update 

ITHI, a forum of women employees in IT and ITeS

IT/BPO Voice of India | Facebook

CBPOP (the present UNIDOC) 

 

 

www.unitespro.org https://www.wbitsa.org/

 

 


Attached File : 782676539 model standing orders industrial employment standing orders rules.pdf, 782676539 payment of wages act 1936.pdf downloaded: 103 times

Leo Chennai (Software Professional)     28 September 2013

No I did not get any acknowledgement letter


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