Settlement against absconding employee

After the email did the company supply any order of termination?

How the company has communicated you to pay the settlement, verbally or in writing?

What is the demand and has the company supplied any details or breakup of the amounts to be paid by you?

Did you receive any appointment letter? Has the company referred to any clause in your appointment letter to any of the rules of the company, in the letter of their demand?

Do you have copy of employee rule book and standing orders? Have you signed any service agreement/bond? Is there any clause that you need to pay the training expenses?

 If you were sick you should have submitted sick leave application along with copy of doctor's prescripttion and advice for bed rest. If you did not want to continue the employment you should have submitted notice of resignation.

You should have consulted elders in the family, competent and experienced well wishers before acting on your own and committing the blunder by absconding.

Company needs to supply  you salary for the period you have worked, FNF statement, work experience/service certificate, PF number, PF accumulation reports, PF withdrawal/transfer forms, form 16, etc and you need to pay notice pay to the company if any.

The demand letter of the company and details as above should be referred before replying and settling the matter with the company.

Reposting as the previous post was not well formatted

>>After the email did the company supply any order of termination?

No the only email I received was of absconing.

>>How the company has communicated you to pay the settlement, verbally or in writing?

In writing

>>What is the demand and has the company supplied any details or breakup of the amounts to >>be paid by you?

Only the lumpsum amount to be paid by me is mentioned.

>>Did you receive any appointment letter? Has the company referred to any clause in your >>appointment letter to any of the rules of the company, in the letter of their demand?

It said that I will have to serve one month notice or pay a month's salary.

>>Do you have copy of employee rule book and standing orders? Have you signed any service >>agreement/bond? Is there any clause that you need to pay the training expenses?

I don't have a copy of employee rule book.
I didn't sign any service agreements.
There isn't any clause that I need to pay training expenses.

>>If you were sick you should have submitted sick leave application along with copy of doctor's >>prescripttttion and advice for bed rest. If you did not want to continue the employment you should >>have submitted notice of resignation.

I did inform but verbally only.

>>Company needs to supply  you salary for the period you have worked, FNF statement, work >>experience/service certificate, PF number, PF accumulation reports, PF withdrawal/transfer >>forms, form >>16, etc and you need to pay notice pay to the company if any.

Would the period for which I didn't report  would be considered for salary ? As I didn't receive salary for more than a month before giving them resignation letter.

You have not lodged any grievance on bad conduct and bad working environment to the good offices of the company.

The period for which you did not report: is a period during which you did not work marking your attendance, therefore during this period you are not eligible for any salary.

If your manager agrees that you informed him, and he in turn placed it on record with concerned personnel in HR/admin......dept, and company agrees to entertain your leave application and approve the leave, then as per leave rules you may be granted leave. However in the present situation this may or may not happen. Still you should approach your manager with leave application with record of sickness and urge him to approve leave. You shall have to prove that you informed.

If company has not supplied you the termination order then must have place a copy in your personnel file and company may produce it at any time in any forum. Absconding employee is ought to be terminated. You can demand copy of termination order and enquiry report leading to termination order.

As per prevailing rules of the company/ standing orders company shall proceed in such a case. You can demand copy of such rules and you can demand on the basis of which rules/laws the stated settlement expenses are demanded form you.

You must approach your line management and apply your negotiation, persuasion skills and convince the company to accept a backdated resignation, and obtain FNF statement, work experience/service certificate, PF number, PF accumulation reports, PF withdrawal/transfer forms, form 16, etc and waive off the notice pay. This shall be reasonable at the end of both the parties.

Or you may forget it as a bad episode pay the company and collect your dues/docs and move ahead.

If company decides to proceed further company may issue you a legal notice or may file a civil suite for recovery and in such a case company shall have to place it on record all the rules policies based on which company can claim the amount from you.

Or you can contest the demands of the company and fight it out with the help of a lawyer. Your lawyer after looking into the records/documents and inputs given by you may chose to issue a legal notice to the company, or help you to draft a suitable reply to the notice of the company.