Liz (ABC) 28 August 2010

Definition of Absconding Employees in legal Terms

Hi,

I am working with a Top IT firm in India. Due to some family concerns I have resigned on 4th August as I am required to undertake my family business on my name. And this has to be done at the earliest. I informed my employer about the same and the seriousness of the issue. As I cannot be on the payroll of the company as well as run a business on my name, I had to quit my job.

In my offer letter following are the clause.

Alternative Employment:
As a whole-time employee of company, you are not permitted to undertake any other
business, assume any public office, honorary or remunerative, without the written
permission of Company.

Notice Period:
During your employment with company either you or company can terminate the
appointment by giving 90 days written notice or 90 days gross salary in lieu
thereof.
However, company reserves the right, if it is in the interest of the business and
current assignment, to decide on the option of completing the notice period or
adjusting the same with the gross salary in lieu of the notice period.

I have informed the management of the company that I will not be able to continue services after 20th August and I am ready to buy out entire notice period. I have already done the knowledge transition.

Now My question is,

1. Can the company declare me as Absconding Employee? I have served 16 days notice period as well as have proper documentation of my resignation acceptance. But in acceptance mail it ismentioned that you will be relieved on 2nd Nov.

2. As per the labour law, Is it permitted that an employee has to forcibly serve all three months as mentioned in offer?

Please advise.

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33 Replies

V. VASUDEVAN (LEGAL COUNSEL) 28 August 2010

The procedure followed by you is perfect.. No company can force an employee work and at the best ask for proper handing over and pay in lieu of notice ( not gross - only the basic +certain allowances - check this out before accepting for forfeiture of notice pay. To declare anybody absconding is a long drawn process and does not at all apply in your case.

vasudevan

Liz (ABC) 28 August 2010

Hi,

Thanks a lot for your prompt reply on this.

How long do I need to wait for the company response, my last working day was 20th August, and I have also sent a mail to them on 25th Aug that please consider 20th as my last working day and let me know the procedure ahead.

If the company does not reply to me and denies the service certificate, what should be next step I should take?

Please guide me how to proceed on this.

KAMAL SONI (Banker) 05 September 2010

Hi,

have you got any response from the company is it in your favour or some thing against your will.

Also provide the details about your whereabouts while marking mail on 25th ,I mean was that mail were marked from official mail id or you had stopped going to office after 20th and marked a mail from your personal mail id.

Arvind 30 October 2016

Dear All,

I joined IT MNC ,but after 1 months due to family reason I am not able continue job with the company ,I sent email and I informed the manager, After 3 month Company terminate me from job and asking for pay of 3 month salary,

As per appointment letter, "Employment with the company can be terminated by 90 days notice in writing from either side or 90 days pay in lieu of notice, as may be determined by company" 1).What legal action my previous company can take in this case?

2). what maximum can company do against me? If company take legal action againt me..will i have to pay (basic+da) or gross salary.?

Appriciate any kind of help.

Thanks&Regards,

Arvind

Kumar Doab (FIN) 30 October 2016

@ Arvind,

The notice period of 90days may not be neccessarily applicable in your case.

You may not have to pay single penny.

What was your designation and nature of duties?

Kumar Doab (FIN) 30 October 2016

While posting such queries employee should always post basic information;

What is this establishment; Commercial, Industrial?

What is its line of business? ( Noted;IT)

How many persons are employed in it?

Does standing order apply in your case; Model/Standing?

What is your designation and nature of duties?

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..

Can anyone change/cancel your recommendations?

How many persons report to you?

You are in which state?

Your service is under probation or confirmed?

For how many months you have been working?

What is the notice period tendered by you?

What is the notice period as per appointment letter? ( Noted;90days)

Do you have copy of notice of resignation/resignation, acknowledgment, POD?

What is the reasson quoted by you in resignation?

Has your resignation been accepted?

Have you been getting salary slips?

What was your monthly salary?

Arvind 30 October 2016

Sir ..I worked for 1 month under probation in bangalore location ..I am as IT devloper.

Company Name : #### India private limited. head office in Mumbai (This is not indian based MNC.)

Company emplyee more then 50000.

I am reporting to my Team Lead.

I am getting salary slip,I dont have power to sanction .

Thanks&Regards,

Arvind Kumar Singh

Kumar Doab (FIN) 30 October 2016

90 days notice period is beneficial for employer but not for employee.

You should be covered by the def. of 'Workman' as in ID Act, 'Employee' as in Shops & Estbs Act.

There are many IT/ITeS employee's unions that can help you.

ID Act does not lay down notice period for employee.

In your case you have resigned by email, hope you have copy of email.

Confirm!

The employee has separated from employer-employee relationship the moment employee has resigned.

How can employer termiante after having recieved resignation?

If employer has terminated then it should pay notice pay for 90days.

Get in touch with IT employee's unions and a Labor Law consultant.

Arvind 30 October 2016

Thank You Sir for your response.I have email which I send to Company.

Kumar Doab (FIN) 30 October 2016

Are you aware of any IT/ITeS employee's unions? Are you a member? Have you conatacted them? Have you contacted trade unions?

Have you contacted a very able Labor Law consultant?Let your counsels draft your reply to the notice?

Kumar Doab (FIN) 30 October 2016

Were you under probation period or confirmed?

Reply to all points pointwise.

Kumar Doab (FIN) 30 October 2016

ID Act does not lay down notice period for employee.

Shops & Estbs Act:90 days notice period is beneficial for employer but not for employee.

Model Standing Orders: Notice period during probation period is NIL.

If employer has terminated then it should pay notice pay for 90days.

Get in touch with IT employee's unions and a Labor Law consultant.

Let your counsels draft reply.

Arvind 30 October 2016

Sir, Please find below comment :

Are you aware of any IT/ITeS employee's unions? Are you a member? Have you conatacted them? Have you contacted trade unions?
Have you contacted a very able Labor Law consultant?Let your counsels draft your reply to the notice?

Sir I am not awrae IT/ITeS employee's unions?. I am not still contact with Have trade unions.

Were you under probation period or confirmed?
I work only One month in the company ..I am in probation period

Thanks&Regards,

Arvind

Kumar Doab (FIN) 30 October 2016

It is so disappointing to note that another employee is not aware that there are unions in his trade and that have done a good job for rughts of employee's.

You are not properly informed also.

With such state you are in that class of employee's that are always vulnerable to exploitation and are like a sitting duck.

Google search and you will find about all IT employee's unions, Trade Unions.

Post back what exactly is found by you in your search.