Sunder Kumar 06 January 2026

Company marked me as absconded

1.The Employer marked me as Absconded even after accepting my resignation. 2.They paid me F&F after deduction of unserved notice period. 3. As per my appointment letter there was a buyout option but after my joining 3 year by a mail circular 2 months apperance mandatory at workplace. I served one month's notice period, they deducted two basic salary still marked as Absconded.

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Quick Summary

An employee was marked as 'absconded' by their employer despite having their resignation accepted. The company deducted pay for the unserved notice period, even though the appointment letter offered a buyout option. After failed conciliation with the Labour Commissioner, the employee seeks advice on further legal action, including moving to the labour court.

4 Replies

T. Kalaiselvan, Advocate (Advocate) 06 January 2026

You may make a representation in writing and get it clarified, if not clarified you can resort to legal action by first sending a legal notice and follow it up with legal action in furtherance.

Dr. J C Vashista (Advocate ) 07 January 2026

Have you been officially informed / provided copy of acceptance of resignation ?

If so, the company can neither declare you as "absconder" nor deduct notice period amount.

Did you send your representation / application for deduction of notice period amount after acceptance of resignation, if you have already served the company for 3 years (as per company policy) ?

Sunder Kumar 07 January 2026

Hi Sir,

Company haven't not provided me acceptance acknowledgement but I have seen on mail that resignation was duly accepted by my Reporting Manager.

Neither they have disclosed the full and final settlement but based on my calculations during conciliation before the labour commissioner they have admitted of two months basic salary deduction.

I requested and sent multiple reminder for relieving letter by mail, call and finally sent legal notice but the company didn't responded.

Initially company refused to release the relieving letter, but interference of Labour Commissioner they have released the relieving letter Marked "Absconded" i raised the objection for such mark, but company refused to correct the relieving letter. The conciliation is failed now.

What next action to be taken? Should I move to labour court?