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.
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.
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
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?