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nsp 9825 patel (IT Employee)     05 June 2015

Absconding process by it

I have joined well known MNC IT organisation 3 months back and from 3 months I haven't been assigned to any work. And from last one month I am on bench only. I have emailed to every manager and at all level but I haven't got any response from anyone to assign any work.

Now I have family medial urgency and I have resigned the organisation and produce the medical certificate as well. But still I have been asked to serve the full notice period or to buy out the same.

Please note : I haven't been assigned to any work and no responsibility assigned to me. And I have been told that if I will not serve the notice period or buy out the same then company will take legal action and abscond me.

When can company abscond me?

I have notify organisation with reason and medical certificate still can company abscond me or blacklist me?



Learning

 13 Replies

bsrao   05 June 2015

As long as you are being paid, you are governed by the service rules. If you have resigned for whatever reasons, such resignation shall be subject to their HR policies. If you violate these, you may be subjected to penalties.

Kumar Doab (FIN)     05 June 2015

 

 

What is the notice period inserted in appointment letter?

 

The notice period may not be necessarily applicable to you!

If it is not applicable no labor Office/official, authority, forum, court of law can apply it.

 

Has the company been paying salary all these month’s or not?

 

Who has threatened that you shall be declared ‘Absconder’? Is it in writing? Have you recorded it?

You have submitted notice of resignation or resignation with immediate effect?

Do you have copy of resignation, proof of dispatch and proof of delivery?

You have a family medical emergency!

You have submitted medical certificate of self or family member?

 

Do you have copies of all emails written by you.

Are you a member of NSR? Have you shared the PIN with company? Were you asked to register and share the PIN in writing?

 

 

 

There is unlimited number of threads on similar query at LCI alone.

Majority of the threads demonstrate that either employees are ill informed or sign under duress or they have no other option but to sign or they do not want to update their knowledge and accept everything as destiny.

However al of the threads and experience is sufficient to conclude that today’s’ employees and yesterday students do not unite and participate in various activities that united forums undertake and do not become properly informed and do not develop the skills that are very much required by them.

 

Learning starts from student life. Uniting also start from student life.

United employee’s can take various provisions available to::::: negotiate service conditions and defend themselves from exploitation.

Are you aware that employee’s can form ‘Works Committee’ that is an authority as per ID Act and has President from Employee’s side and equal number of members from employee’s side………………………..many states have notified that each company shall have GRC (Grievance Redressal Committee)………………………and employees can form unions/IC’s/Guild…………………and that trade unions like CITU/INTUC/AITUC/BMS etc are willing to embrace the employees…………………and that  even today even in sectors like IT employees have united and have done a good job/private bank-insurance companies have formed separate unions and have successfully defended themselves…………..?

Non united employees are like sitting duck and susceptible to exploitation.

 

The appointment letter and clauses inserted in it are drafted by employer and signed with employee.

Now employer can not retract. It shall be breach by employer.

If employee has initiated separation/retirement by notice/resignation then employee shall choose the LWD/expiry of notice period/date of retirement……………………not the employer!

If there is provision of notice pay in lieu of notice period in employment contract (although various enactments that govern the service conditions shall prevail upon any private agreement/rule/policy drafted by employer and signed with employee e.g. appointment letter/contract of employment etc…………and agreement crafted by employer may not be even worth the piece of paper on which it is written………… ) then that is the max. penalty that can be levied.

 

Even if you don’t write employer can adjust the notice pay in FnF statement/settlement/payment @ as agreed/applicable.

 

It is to be seen how you have drafted the notice and how you should draft subsequent communications. Invariably any employee should mention that NO Tasks are pending at his/her end on the day of notice and routine duties be assigned that can be completed on daily basis and within and upto expiry of notice period i.e.dated…………………and to whom he/she should handover the charge/company property (if any) against proper acknowledgment on the spot within and upto expiry of notice period i.e.dated…………………and that acknowledgment and acceptance of notice be supplied at once by Redg. Post only…………………..and acceptance of resignation, correct FnF statement showing earned wages/perks etc/leave encashment/bonus/reimbursements/OT/Gratuity etc/adjustment of correct notice pay at correct rate for correct notice period, be supplied sufficiently in advance for verification and acceptance within and upto expiry of notice period i.e.dated………….and payment of  FnF payouts by Bank DD only, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC etc be supplied within and upto expiry of notice period i.e.dated………………..thru Redg. Post only……………..

 

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maxmimum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules,exit policy,FnF policy that are mentioned in the appointment letter?

 

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

 

WHO has declined to accept notice of resignation?

 

Resignation can be without permission and notice!

 

You should provide full information, pointwise!

 

nsp 9825 patel (IT Employee)     05 June 2015

Thanks for the reply,

Panalties for what?

I don't have been assigned to any roles and responsiblity. I am on bench.

I have sent 20 to 30 email to managers and all the concern person to assign me work but I haven't assigned with any work.

I need to beg for timesheet code on which i can fill up the timesheet to get my full salary.

I am getting the timesheet code at the 2nd last day of the month. Till the time I need to leave in stress.

And one thing surprise me when I went to office on last thursday, someone else was seating at my desk with official email that the desk is allocated to him. This incident put me in shock. I am on bench and I lost my desk without any information or notice. As a family person I am also scared for job security in such environment.
 
I have been told verbaly that if I will not serve the notice period or buy out the same then company will take legal action and can abscond me.

I have mentioned in my resignation email that I don't have any work to do and don't have assigned any responsibility.

I have given the medical certificate for my family member.

Company recruited me and wasted my 3 Months of career and now have family medical urgency and ask for ASAP release but they are asking to serve notice period or to buy out the same.

So who is responsible to wast 3 months of my work life and they want to wast another 3 months by seating ideal in they company.
 
And hope you can understand that how difficult for an employee to spend entire day in work place with out any work.

And no one from organisation care about me, to assign me any work.

Organisation is having arround 2,00,000 employee world wide.

It is an IT organisation.

It is mentioned in offer letter that notice period is 3 months and if I need early release then need to buy the same.

Yes, I have been paid for last 3 months.


So idealy I am useless for organisation but I have asked for early release they want to make money from me.

nsp 9825 patel (IT Employee)     05 June 2015

Addition to above I have all the email copies and I haven't registed with NSR and don't have any PIN.

Kumar Doab (FIN)     05 June 2015

Resolution is possible. 

I can provide help and resolution if you answer all points, pointwise.

The information that you have provided is not sufficient.

What time sheet and time sheet code.

Once employee has entered the office during work hours he/she is at the disposal of employer and employer can utilize services during work hours alone.

 

If there is a attendance then mark the attendance and that is it.

 

 

nsp 9825 patel (IT Employee)     07 June 2015

Thanks,

I have joined organisation in March-15 and I have been told that company has work in my domain and that is why I have been recruted. But to work on the project I need to clear client interview. 

1) There is a client dependancy to allow me to work on project. I have given the inerview nut infortunatly not able to clear it. Client expact to have my knowledge in other work domain as well. Where as it was clear from my profile that what is my work domain and it there was a client depandacy then the client interview must be arranged befor I join the company.

2) We need to fill up the daily time card with project code. Project code is having details that for which client you are working and you are billable for that client for the time recored under that code. Now, as i was not able to clear the inerview, and I started asking for project code and at that time manager told me that I am on bench now.

3) Bench means now I am in pool and for that manager told me to contact other manager who manags the bench people. I have mailed to each and every manager to assign me some work to do and also mailed to assigne me project code for bench.

4) And after my number of request and email finaly I have been assigned to bench project code at the last day of the month and I have filled the time-card on bench project code to get the salary.

5) All above points stating that I have been recruted but not proparly managed. That was so stressed, I am on bench and no one is looking behind en employee.No one assigned me any work and also I need to beg entire month for project code to fill up the time-card.

6) And in above setuation, In last week on thursday when I went to office some one else was at my desk with official email that my desk is now allocated to him. That was shocked me I feld that I have been dismissed as i am on bench. I talk to HR and that was mistake.

7) All the above issues are at its place but now I have my family concerns. I must have to be at my home as two medical patient are there and no one is there to look after them. I have produced medial certificates as well for the same.

8) But as I have asked for the early release because of that only they asking for money of buy out. They have spoile 3 months of my career and now when i am asking to leave because family urgency they as sking meto buy out notice period.

9) I don't want to leave the organisation even after such stress of work. I have been access to the tools through wich I can sharp my knowlegde. I have been given the blank system and I need to spend my entire day on that black syste. I have raised request for softwear installation as well but as I am on bench I am not eligible to get any tool.

10) I have all the email which I have sent for work allocation and project code. I have truly medial issue at my home. And I am not financialy able to pay the amount.

 

Please suggest and let me know if you need any further information.

Kumar Doab (FIN)     07 June 2015

 

In your last post you have posted that:

----“I have joined organisation in March-15 and I have been told that company has work in my domain and that is why I have been recruted. But to work on the project I need to clear client interview. “

Telling is verbal mode. If you have applied and subsequently recruited for some specific technical work then you are to be assigned that work……………………………..It is as simple as that (for illustration only and please take it that way only)………………………….a plumber can not be asked to do the job of an electrician……………………….And if by some wild imagination employer wants it then it has to provide the Training.

 

Is it stated in writing anywhere that : You have to clear the client interview?

 

If yes: even then, you have to paid wages till the time you are kept on rolls and are not terminated/separated/resigned/retired.

 

-----“Bench means now I am in pool and for that manager told me to contact other manager who manags the bench people.”

 

If company has not arranged client interview before appointing you then it indicates that it wanted to have a pool of billable talent and earn from it.

 

----“I have filled the time-card on bench project code to get the salary.”

 

You have been appointed and remained in office and salary has to be paid.

 

-----“they asking for money of buy out.”

I have asked more than once to answer all points, pointwise, raised in my 1st post.

 

e.g.: from “What is the notice period inserted in appointment letter?” ……………..upto………………”WHO has declined to accept notice of resignation?”

 

If you answer these I can respond and suggest some remedy.

Resolution is possible.

 

The notice period for 3 months of employment might be NIL.

YOU MAY ALSO CONFIRM IF YOUR SERVICE WAS ON PROBATION PERIOD OR CONFIRMED IN WRITING.

If you do not want to answer to all point pointwise then: This is my last post in the thread.

 

You may wait for other members/experts to advise you.

nsp 9825 patel (IT Employee)     08 June 2015

Apologies for the communication gap.

What is the notice period inserted in appointment letter?

=> The notice period is 3 Months, And I have been confirmed from day one. No probation period is there.

---------------------------------------------------------------------------------------------------------------------------------

Has the company been paying salary all these month’s or not?

=> Yes, I have been paid.

---------------------------------------------------------------------------------------------------------------------------------

You have submitted notice of resignation or resignation with immediate effect?

Do you have copy of resignation, proof of dispatch and proof of delivery?

=> Yes

---------------------------------------------------------------------------------------------------------------------------------

Do you have copies of all emails written by you.

Are you a member of NSR? Have you shared the PIN with company? Were you asked to register and share the PIN in writing?

=> Yes, I have all the emails. And I haven't registered myself in NSR. No I haven't been asked to do so.

---------------------------------------------------------------------------------------------------------------------------------

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

=> It is a service based IT company.

---------------------------------------------------------------------------------------------------------------------------------

How many maxmimum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

=> The company is having number of office around the world and I am in Maharastra state. Around 1,75,000 employees are there.

---------------------------------------------------------------------------------------------------------------------------------

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

=> Yes.

---------------------------------------------------------------------------------------------------------------------------------

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

=> Yes.

---------------------------------------------------------------------------------------------------------------------------------

Has acknowledgment of notice of resignation, supplied to you?

=> Yes, need to resign from internal portal and got the automatic acknowledgment for the same.

---------------------------------------------------------------------------------------------------------------------------------

Are you a member of any employee’s/Trade Unions?

=> Unfortunatly No.

---------------------------------------------------------------------------------------------------------------------------------

Is it stated in writing anywhere that : You have to clear the client interview?

=> No, there is nothing mentioned about the client interview neither in any letter nor in any email while joining or after joining.

=> When I have joined, I have been told that I am recruited for specific project only. And I have been tagged by that project manager at that time also nothing mentioned about the client interview. 

---------------------------------------------------------------------------------------------------------------------------------

=> When I moved on bench by current project manager then I haven't been informed that who will be my supervisor and to whom i need to connect for any query. I just have been told two names and I need to connect them for further information and that also I got to know when I called my project manager that why you are not tagging me further? at that time he told me on phone that I have been moved to bench and that was Verbal only.

---------------------------------------------------------------------------------------------------------------------------------

=> I tried to connect those manager through email but didn't got any response. All the IT company having internal portal and in that employee can see who are their reporting managar and other details. But I was not be able to see the updated Manager still the project manager who moved me on bench is showing as my supervisor in system.

---------------------------------------------------------------------------------------------------------------------------------

=> No one is responding on email, I need to somehow manage to get there contact details and then need to call them then they inform me on phone that I am on bench, I am not your supervisor now. I have asked the same in email but they never send it.

---------------------------------------------------------------------------------------------------------------------------------

=> When I resigned because of my family urgency. The request went to the project manager who moved me on bench (As he is still tagged as my supervisor in internal System). I called him to approve my resignation requst. Again he told me that I am not you supervisor.

---------------------------------------------------------------------------------------------------------------------------------

=> Again started emailing to other resouce managers that please inform me who is my manager. This time I got reply on my email may be because this is the time when company can ask me to pay money for my notice period. And I am surprised that now I am getting every response on my email of resignation.

---------------------------------------------------------------------------------------------------------------------------------

Who has threatened that you shall be declared ‘Absconder’? Is it in writing? Have you recorded it?

=> Now I got the correct manager name to whom I need to connect. I personaly went to his deks meet him and at there I have been asked for medical certificates of my family members and I have been told that as per the policy you need to pay for the notice period or company will take legal action like absconding. This was Verbal. I will ask the same in written email or will try to record the same.

---------------------------------------------------------------------------------------------------------------------------------

You have a family medical emergency!

You have submitted medical certificate of self or family member?

=> I have submitted the medial certificates and wating for further response from the organisation.

---------------------------------------------------------------------------------------------------------------------------------

WHO has declined to accept notice of resignation?

=> Yet the issue is under discussion they are asking me to buy out the notice period or server it. Where as I am neigther in condition to buy out the notice period nor to serve it. I have nothing to do in office no work assigned to me at all from last 3 months. I have mentioned the same in resignation email. Now when my family needs me they as looking for the money. I have number of Example who got imidiate/early release from the company as they were on bench and they haven't ask for early release.

---------------------------------------------------------------------------------------------------------------------------------

Designation

=> Sr. Consultant.

---------------------------------------------------------------------------------------------------------------------------------

Sir, hope this time I am able to give you proper details.

 

Please suggest me what to do and Please let me know if you need any further information from my end. Thanks you very much for you support.

Kumar Doab (FIN)     08 June 2015

 

LAST REPLY

 The posts in this thread are first hand impression and for better opinion you should spend quality time with your counsel/union leaders and let your counsel(s) draft your representations. The matter has been discussed in detail. Online discussions have its own limitations.

 

You have not replied to:

 “You have submitted notice of resignation or resignation with immediate effect?”…………………..” You have submitted medical certificate of self or family member?”

 

You have posted that:

“I have number of Example who got imidiate/early release from the company as they were on bench and they haven't ask for early release.”

 

You may submit a gentle representation addressed to good offices of appointing authority,MD,Chairman……………………narrating that your 3 months were wasted/no supervisor as shown in system (download and attach screenshots) accepted that he/she is supervisor and assign any work…………………and Mr/Ms……………..designation………….stated that company shall declare you absconder (that is a derogatory word) although you have submitted proper resignation (attach copy and acknowledgment) and that company has released many employees without any notice pay recovery/and that they did not ask for it…………………..(mention names )…………………and place your views on why no notice pay should be charged from you/notice period has lost its sanctity in your case/ask for waiver.

 

 Your counsel may opine that:

 

--- if  an employee has tendered notice of resignation then as per service conditions it can’t be accepted before expiry of notice period and it shall be discretion of employee to accept notice pay in lieu of notice period.

 

---IT/ITeS companies in Maharashtra are covered by Bombay Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in establishments covered by the Act;

You may go thru;Sec:2,38-B,66

Notice period for service of >3months<1year is:14 days.

Notice period for service of <3months is NIL.

If you are covered by the def. of ‘Employee’ as in this Act then notice period applicable to you can’t be more than as provided for in the Act.

There are many IT/ITeS employees now and have affiliated with trade Unions like CITU/INTUC/AITUC/BMS etc……………..and unions in Maharashtra have traditionally been strong. YOU can approach unions/Labor Law Consultant/Service matters lawyer/law firm…………

nsp 9825 patel (IT Employee)     08 June 2015

Who has threatened that you shall be declared ‘Absconder’? Is it in writing? Have you recorded it?

=> Now I got the correct manager name to whom I need to connect. I personaly went to his deks meet him and at there I have been asked for medical certificates of my family members and I have been told that as per the policy you need to pay for the notice period or company will take legal action like absconding. This was Verbal. I will ask the same in written email or will try to record the same.

---------------------------------------------------------------------------------------------------------------------

You have a family medical emergency!

You have submitted medical certificate of self or family member?

=> I have submitted the medial certificates and wating for further response from the organisation.

---------------------------------------------------------------------------------------------------------------

You have submitted notice of resignation or resignation with immediate effect?

Do you have copy of resignation, proof of dispatch and proof of delivery?

=> Yes, I have given resignation with notice of a week.

-------------------------------------------------------------------------------------------------

This is my bad that I am not able to communicate with you as per your expactation, I have mentioned the answers but not able to properly highlite at right point. Will try to improve on that part.

--------------------------------------------------------------------------------------------------

Thank you very much for reply and help. Your each and every word is helpful for me.

Thanks,

Nimit (nimit9825@gmail.com)

 

Kumar Doab (FIN)     08 June 2015

 

The line Managers/HR personnel are bound by employer’s internal policy for them and won’t risk their employment/employability for you.

Hence you can try to escalate to good offices. You must highlight that NO tasks are pending at your end and to whom you should handover the charge under proper acknowledgment o the spot………………..and you have properly resigned and have tendered notice period too and have not absconded and the officials be advised not to falsify the record with threat of abscondment in your personnel file.

If good offices also do not provide NO relief then you can approach lawful authority, court of law thru your counsel(s). Unions’ can represent you.

 

You have attempted to build your complaint and contentions in the matter. What you have written so far to the company should be shown to your counsel(s) and let them build, structure, draft further for you.  

It is almost sure that notice period of 90 days doesn’t apply to you, however the Labor Law Consultant/Service Matters Lawyer/Law firm that has examined all docs on record and nature of your duties can finally opine on it.

You should spend quality time with your counsel/union leaders and let your counsel(s) draft your representations and build favorable record.

 

They may opine that you can approach Inspector appointed under Bombay Shops and Commercial Establishments Act , O/o Labor Commissioner……………..

Beyond this I have nothing more to add.

You may wait for other member’s/expert’s opinion and approach your counsel(s).

1 Like

nsp 9825 patel (IT Employee)     09 June 2015

Thanks you very much for your time and valuable inputs. Realy helpful.

Kumar Doab (FIN)     09 June 2015

You are welcome.

 

Wish you the best.

 

 

1 Like

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