IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ss (ss)     04 July 2013

Absconding from job. help?

I work in a private company for 6 months. Now I got a good job so I want to leave the company. on the last day of my training of 6 months ,I took a sick leave. after that I extend the leave for 2 months for sickness. They told me to submit the documents but I don't send any document. Then they told me that they will declare me absconding and I reply that only for one day I am not reachable and you are warnign me of declare absconding . I have 18 months of bond of 48000/- and 2 months notice period and 6 months training period. What should I do now? and what can be the legal problem? I donot have idea what is wrong or write. but I have to join the other company at any cost. And what will be my approach.I don't want feedback from current employer as I am it is different work from current.


 4 Replies

Kumar Doab (FIN)     06 July 2013

Hope you shall take this post positively.

Probably you had anticipated that the sick leave shall get you separation without any monetary compensation to be paid to employer.

The employer that has bond in its custody signed by you by your free will is chasing you.

Abscondment is misconduct and employer shall proceed to pass order of termination.

The abscondment and termination shall not take away the right of the employer to proceed to initiate proceedings for recovery of amounts and damages stated in bond, notice pay, any loss the employer may claim. The employer may post notice(s), legal notice and may approach court of law.


The current employer may or may not initiate BGV reference check  from past employer.

If it does and past employer posts adverse comments the current employer may act.

During the period of sickness (2months) reported to past employer if you have taken employment with current employer it shall be dual employment and past employer can initiate proceedings as deemed fit by it against you.

If you were not sick, but feigned sickness it is another charge.

The question arises why an employee should act in such a manner.

The employee should always consult elders in the family, competent and experienced well wishers, trained legal mind amongst known ones, lawyer/law firm………………before acting in haste and action on his own.

An ill informed employee must proper advice and must take a well informed decision.

If your trade is such where all employers would demand some kind of bond/agreement to be signed, along with witness and guarantors and/or some collateral to be kept e.g. FD/Original testimonials……………………………..you should retain access to a lawyer and seek legal advice well in time, to know and avoid the legal traps.

Trade unions can also help. Be a member of some trade union.

Are you appointed as a ‘Traninee’ under some standing orders or some Management’s Training Programme, or as an ‘Apprentice’ under Apprenticeship Act………………

Are you offered permanent employment as per appointment letter issued to you?

Has the company actually provided you some ‘Training’ by some experts in training center and would this training provide you additional qualification or some extra ordinary skills or  it has been extracting work from you like a regular employee and you have been fetching revenue and profits for the company.

You may consult a competent and experienced labor consultant/service lawyer and show the job advertisement, interview call letter, offer letter, appointment letter, bond to your lawyer and give inputs in person……………………………………

Your lawyer may opine that the bond is arbitrary, unconscionable, unreasonable, unenforceable or your lawyer may also opine that you have signed the bond with your free will and you have to comply…………………………and company can not demand more than the liquidated damages if any stated in the bond…………………………..and if the matter lands up in court of law court shall decide the reasonable amounts…………………

In the meantime you may go thru the attachments.









Attached File : 1017030612 417759075 validity of employment bonds.pdf, 1017030612 background paper.pdf downloaded: 220 times

Sudhir Kumar, Advocate (Advocate)     07 July 2013

eleborated in details by Mr Doab

Colette Peters   14 December 2019

Getting job in today’s world is very competitive because everyone have the abilities and capabilities to get the job but lack of skills. Besides all the websites paperhelp.org review serves you and helps you to get a job at any cost.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query