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ramesh (software engg)     05 August 2011

Absconding - help needed

I have worked with a MNC for 1 year and now i am on notice period.It is for 2 months, i served one month notice period ,and i need to work on my startup company . I didnt go to the office from past three days and i am a critical resource for them . Please let me know if i get any legal problems.I didnt answer their phone calls also. Please help



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 6 Replies

Prabhu Shankar (System Operations Lead Specilaist)     05 August 2011

Hi Ramesh,

You didn't mention your date of joining in this topic. Its better to answer the office call or better go to office and tell to your manager that I want to relieve as soon as possible and if they ask one month pay just settle that and relieve yourself with good name. Coz they will mark black on your employment.

ramesh (software engg)     05 August 2011

i joined in july 2010. I cant go to office again , they dont elieve me in  2mnths , they said ur notice peroid may get extended due to project dead lines. Plase tellme what are the legal problems i ned to face.

Prabhu Shankar (System Operations Lead Specilaist)     05 August 2011

Ramesh,

Have they sent any warning letters to your home on absconding? Have u sent resignation letter to your manager? Of course there might be some legal problems rise. How can the new concern didn't ask you to provide experience letter. One thing you can do. Call your old concern manager and ask him to come in common place (say any park or hotel) and try to convince him to get your experience letter and relieving letters ASAP. Or else they will notify to your new concern and they will tell bad comments on you.

Kumar Doab (FIN)     05 August 2011

In your appointment letter company must have mentioned about notice period and notice pay.

Your notice period can be maximum of 2 months. If you wish to leave earlier than that you may inform the company in writing say 7 day before the date you intend to leave and you are liable to tender notice pay, for the balance period of your notice. It shall be a good gesture to inform in advance and it can be your defense if company makes any allegation against you. You can mention that you are willing to transfer the knowledge to the new employee. Submit the company property and under acknowledgment with seal and signature and obtain NOC/NDC. You should finish all assignments on hand. You should use your rapport, goodwill, and obtain a written confirmation that you have completed the tasks assigned to you. If you are not given the same you should submit a written communication with a copy to you and place on record that you have completed the task and nothing is pending to be done by you.

If you know that company has not recruited any employee to replace you, you can point out in your communication that company has not recruited any one although you had mentioned it to your authorities that your replacement may be inducted and you shall cooperate to transfer the knowledge and train the new employee, and rather now you are being pressurized and coerced and threatened to increase the notice pay and   you are facing harassment in your everyday’s work.

From the day you have tendered your notice of Resignation Company has to make their arrangement to find your replacement, train the replacement, and put the new employee on the work. Company also knows that it can relieve the employee by disbursing notice pay.

You should not abscond. Settle the matter with your reporting authorities and leave with a happy note. You are within your rights to get acknowledgment of your resignation, work experience certificate, F&F,form16, PF accumulation reports, PF withdrawal/transfer forms, payment of you dues, etc.

Get your leave sanctioned from your authority for the 3 days you have not attended office.

Kumar Doab (FIN)     05 August 2011

Regret that post was submitted twice.

Kindly read "you are being pressurized and coerced and threatened to increase the notice pay"

as "you are being pressurized and coerced and threatened to increase the notice period"

Triloknath l pandey Adv. (Legal Officer.)     10 August 2011

Before joining any organisation you get a offer letter containing all terms and conditions which is binding on you and if it contains that your services may be extended or else you have been appointed for particular job of time limit in that case you might have to work for that  period nor they can stop your relieve letter and full and final payment so please kindly be polite with your boss read out your offer letter for the same and if you get stucked with any problem kindly consult a lawyer and work accordingly.


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