Absconding termination

Notice period is part of service conditions and covered by enactments applicable to establishment and employee.

Notice period of 60days may not necessarily be applicable in your case.

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted from employee by employer and is not payable by employer to employee?

Which is fixed pay day? Has salary not been paid on pay day? Did employer communicate in writing that payment of salary is stopped/

Has salary slip been issued and supplied?

What is monthly salary?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter by employer to employee and employee to employer?

Was ever any stinker, memo, show cause notice on any misconduct, incompetence, non performance/under performance issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance data? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, communication to handover the charge and then acknowledgment of handover of charge, NOC/NDC……………?

Are you attending office and marking attendance….?

Do you have evidence and copies of attending office and thus not absenting/absconding/abstaining?

Do you have copies of all said emails, notice of resignation?

Are these emails sent at your personal email or official email id?

Who is sending all such emails; Line Manager, HR Executive?

It is good that you are transacting in writing.

It is also good that you have noted and posted that option of notice pay in lieu of notice period exists in company’s policy.

Have you written by letter/email , to good offices of appointing authority narrating all instances and request to intervene and provide relief and advise to whom you should handover the charge/assets under proper acknowledgment (on the spot) and any other formality to be completed within LWD as pr notice tendered by you?

Record all verbal transactions and mention phone numbers/dates/time/names and minutes…..

Have you signed any service agreement/bond and any other clause/agreement on e.g; NDA/NC/IPR etc 

Is your next employer willing to absorb you on the strength of copies of notice of resignation by email, POD alone or IT will stress upon any other document also as mentioned above…?