Absconded from the services

Waive off notice period/pay, send acceptance of resignation, salary slips of all months, correct FnF sheet,FnF payout if any,  Form16  as per correct FnF sheet, PF a/c number and a/c slips of each year (if applicable) , ESIC number (if applicable), Service Certificate, Relieving letter and close the matter…………

Notice period/pay is part of service conditions and is covered by various enactments applicable to establishment and employee and in case of covered employees enactments shall prevail upon any private agreement that employer drafted and signed with employee………..

Exit process is nothing but handover of assets of company if any….and handover if applicable.

HR personnel should advise he employer properly and avoid acting on impulse and sticking one’ neck in unnecessary litigation….

Close the matter….

While posting such queries one should post basic information about employee and establishment!

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?

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

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? 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, acknowledgment of handover of charge, NOC/NDC……………?

Same Query;

https://www.lawyersclubindia.com/forum/Absconded-from-the-services-160428.asp

You have not posted reply to all points.

If you post I shall share more..

Software companies are covered by State Shops & Estbs Act...

Notice period/pay is inserted in It for employer/ employee.

The provision for notice pay in lieu of notice period is also narrated...

The employee has duly sent/supplied resignation..........and severed employer/employee relationship....

The establishment in qestion can also/might also be issuing termination order without notice....

The resignation mail sent by the employee and his none availability to finalise the existing process from the company is his wrong for which now after 2 years he cannot blame the company.

Basic rule to be noted is that a person cannot take advantage of his own wrong and cannot seek relief from any authority including judicary.

You have sufficient evidence on record of the misbehaviour of the employee and in reply to his threatening mail you may point out all what was done by both parties and his own wrongful act of vanishing from the company without finalising the existing process two years back. The company is not responsible for any wrong committed by the employee while dealing with the company, completely ignoring the terms and conditions relating to employement moreover the employee was not confirmed and was only for probation period of 6 months where his work was found not satisfactory up to the standard of the company. Keeping all this in mind the threatening mail by the person amounts to criminal intimidation.No further action need to be taken in the case as he has nothing to get from the court in these circumstance.

The number 1 to 5 is given by you to which points…?

Clarify and I shall share.

NO need is felt to discuss the underperformance and extension of probation.

You may also post the Trainee was recruited as per Standing Orders of Management or IT was Apprentice as per Apprenticeship Act/Rules…?

The amount was paid as salary or stipend? (Reconfirm; although you have mentioned Stipend).

If employee ws Trainee and stipend was paid then don’t hesitate to confirm on standing orders. 

Did establishment communicate as posted by you; verbally by phone calls or in writing by emails or Redg. Post?

The employee has severed employer-employee relationship the moment has resigned.

The employee has duly sent email.

The employee has not vanished.

Thereafter employer or designated/empowered person in HR is to issue acknowledgment, acceptance, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, exit forms if any, acknowledgment of handover of charge/assets if any, NOC/NDC……………service certificate..at address in record or communicated in resignation or permanent address..

Service certificate is to be issued to all employees.

If correct FnF statement has NO balance towards employee, but towards the employer has to supply FnF dues.

If FnF statement has balance towards employee, employer or designated employee in HR could have written to employee to pay and thereafter could have issued Relieving Letter.

The applicable enactments shall prevail upon any private agreement/rule/policy drafted by employer and signed with employee.

If there was NO agreement/rule/policy communicated to employee then IT cannot now come out of thin air.

If private agreement/rule/policy were in concurrence with applicable enactments and there was say; assumed Non Compliance, employer could have proceeded to terminate in line with provisions of applicable enactments…and proceed to recover dues if any.

Without following due process/procedure the private notes/notings in private record of employer; does not matter.

Even in such case ‘Service certificate is to be issued to all employees.’

However employee has supplied resignation by email and claim on ‘vanished’ is not sustainable.

Employee is asking for ‘Service Certificate’ and it is not threat.

If employer has supplied all requisite docs, dues that employer is under obligation to supply then IT may very well communicate with Proof of Delivery.

The matter is unfit to see any scope for building any reputation for anyone, establishment, employer and would be nothing but bad publicity…

Close the matter as already suggested…

There is nothing in this matter for atleast HR personnel and definitely establishment and employer.