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retiRC (NA)     21 August 2014

Fresher being harassed over 'absconding' issue

I joined a MNC via 3rd party payroll on 7th August, 2014. However, on having some problems with the work hours and not being provided cab services as promised during the interview and some higher study opportunity, I resigned on 12th of the same month via email.

I was immediately asked to rethink my decision by taking a two day leave (discussion took place over the phone) and inform them by next week. I called my manager, took her permission for a two-day leave and then again remailed them my resignation on the first day of the next week (18th August,2014). I was asked via mail not to inform my manager of this and keep it confidential.

I had in fact sent my first resignation request even before receiving my appointment letter (which I received on 14th August), which I ended up not signing. I have not signed any legal documents with my parent company or the MNC.

Now, they keep calling to say that since I have not attended office without seeking permission, the MNC holds the right to treat this as a case of absconding and blacklist me for life. They are asking me to serve at least one month, in the end of which it will still be treated as a case of absconding, but they'll not blacklist me.

However, according to the appointment contract (which I haven't signed) the first six months of service is treated as probation period and also there is a clause that states in case of serving of a resignation, the pay goes on hold and is only given to the employee at the end of their notice period i.e. if I 'abscond' after serving just one month of notice period (as opposed their policy of three months) I won't be entitled to any payment.

My questions are -

  1. Is this even a case of absconding?
  2. If it is, can/will a MNC blacklist a 3rd party contractor who had not been assigned any work yet for leaving the job without notice (which again isn't true since I did notify my parent company, nevertheless..)

Please help me out.

I have no one in my family with knowledge of the IT industry or of employment legalities, And the company keeps calling and literally threatening me.

I am a fresher and have passed out this June only. I had taken up the job because of the 2.24 LPA package with facilities they were offering and it was in my hometown. However, on joining I realised that contractors were grudgingly given those facilities and the package was suddenly 1.6 LPA.

I have a bunch of opportunities coming up, and frankly getting blacklisted in one MNC won't affect my career as such but I'd still want to start off on a better note.

PLEASE DO ADVICE.



Learning

 7 Replies

Kumar Doab (FIN)     21 August 2014

IT companies are covered by standing orders, (name of the state ) shops and Commercial Establishments Act.........................

As per these Notice period for::::::::::::::::::::: probation is NIL/for service period of 5 days is NIL.

Therefore if the company inserts notice period of even 3 seconds in appointment letter it shall be illegal, void...........................

Moreover you have not signed acceptance of any T&C inserted by employer in private agreement e.g. appointment letter too.

Check with your lawyer.

 

The company has breached its own committement and has recruited on false promises.....................You must highlight the concerns in notice of resignation/resignation. 

 

You have not absconded and deny the charge vehemently and caution the third party and MNC to not to insert any false and adverse remarks.

Demand to let you examine the personnel file.

 

You may go thru following thread and other threads mentioned in it.

·         https://www.lawyersclubindia.com/forum/Manager-not-accepting-resignation-107490.asp#.U_MTnsWSwb8

 and consult your lawyer in person, and proceed further under counsel of your lawyer. 

 

 

 

retiRC (NA)     21 August 2014

Thank you so much Sir. it was a great help. :)

Is this rule same for the states of West Bengal as well as Karnataka? Because my parent company is in Bangalore while my client company is at Kolkata.

T. Kalaiselvan, Advocate (Advocate)     22 August 2014

I agree to the opinion by Mr. Kumar Doab.  Since you have not signed the offer letter and agreed to the terms and conditions in writing, you are not obliged by it, if the company is threatening you, take the help of a lawyer,send them a legal notice narrating the entire events and demand the relief desired.  The company will certainly respond in your favor.

Sudhir Kumar, Advocate (Advocate)     22 August 2014

agreed with Mr Kumar Doab and Mr Kalaiselvan.

Kumar Doab (FIN)     22 August 2014

 

Karnataka Shops and Commercial Establishments Act: Sec 39: (Notice Period 1 month if service is >6M)

West Bengal Shops and Commercial Establishments Act: Sec15: (Notice Period 1 month if service is >1Y)

Model Standing Orders: Sec13:Notice period during probation period is NIL.

All these enactments should be available on website of Dept of labor of the state, centre, and you can search google...................

 

The longer notice period of 3 months is beneficial to employer and detrimental to the interest of employee………..

You can claim wages of 5 days worked by you and Claim of Earned wages has been explained in these enactments and also Payment of Wages Act………..

 

Your employer is company that has issued appointment letter to you………….

 

For unfair practices of the company on annual pay package etc inform Student’s Union of the college, univ, all India level, Principle, IT employee’s unions, Trade Unions, etc

 

Decline to accept any charge of abscondment, blacklisting and transfer the onus on Managers/Company.

 

Your lawyer can certainly draft a notice that shall defend your interest.

Approach your lawyer.

 

It is almost certain that company shall declare you absconding and chase you.

 

Approach your lawyer.

retiRC (NA)     22 August 2014

Thanks a lot Sirs.

I will definitely take action with the help of my lawyer if they continue with the charges. :)

Kumar Doab (FIN)     22 August 2014

 

LAST REPLY

Don’t leave anything to chances.

Let your lawyer Write under proper acknowledgment that:

You had tendered resignation by email dated………….

 you were asked to take two days leave by phone (number, dated, time) by Mr/Ms………………….and you took permission from Mr/Ms…designation…………….by phone (number, dated, time) for 2 days leave for dated…………….and dated…………………

you were asked via mail not to inform my manager of this and keep it confidential………

You had again tendered resignation by email dated………….

You had never absconded/absented  on any day……………

You were called on dated………………….by Mr/Ms………………..and threatened that you shall be declared absconder…………………that is a derogatory word………….

etc……….

AND

 

Demand payment of wages of 5 days by Bank DD only thru Redg. Post only.


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