Left the organisation without completing notice period

Have you informed your manager in writing the refusal of designated employee for KT or verbally? Do you have the copies? Did you submit minutes of discussion with HR.

First of all draft and structure your reply carefully and narrate all incidents including acceptance of HR that your superior is at fault and address it to good offices of your  appointing authority, MD, CEO, Company Secretary, with a copy to Head-HR, and build record in your favor. Conclude that you have submitted proper resignation with last date in office and informed the company about your final resignation and you are not absconding. You may also mention that you have already informed Mr/Ms..........department/designation.........address on dated............to adjust notice pay in FNF statement as per clause number ..........of your appointment letter dated...............and request the good offices to grant relief to you from unjustified and penultimate action spoiling your career and future employability and supply the relief in writing so as to reach you in next 7 days.

If the company and its good maintain studied silence or do not provide relief you have the option of approaching a competent and experienced service lawyer, O/o Labor commissioner. Your lawyer may prefer to issue legal notice.

Yes, I have informed my manager & HR deprt. about the refusal to take KT in writing.  In my last mail that I marked to HR dept, I have desribed the entire things in details the same I have marked to director and my manager too so that they can not say, i am not writing unitaterly. 

Please advice

You have posted that:

--"I had tendered  my resignation with a request to relieve me in a month notice with a request that my father health is pathetic.  After a series of mail, it was got accepted by my manager with an instruction to complete some activities which includes some project related in progress activites and KT so that he will relieve me."

You have tendered one month notice which is not abrupt termination. You have complied to the instructions of the superior in office. Your superior is at fault for not having been able to handle the designated replacement employee.

You have notified the HR also and HR has also failed to handle the designated replacement employee or designate replacement.

--"I have replied of my manager's mail that as per company i am ready to discuss/negotiate any financial implication, company may recover my one month notice period and relieve me as per company policy."

You have notified the company about your willingness to tender notice pay. Hope you have the copy of this email. Add that company may adjust notice pay in FNF statement.

--"After the meeting, I have told HR person that I will not come any more and handed over my Identity card to them. "

Hope you have obtained acknowledgment of the I. Card and it was the only company property with you?

You have handed over the company property and now you may demand the acknowledgment.

--"On the next day, I have intimated to all of them through email about not coming and issue of certificates and clear all dues." “I request to please guide me to release my dues and certificates.”

Which certificates you have mentioned? Has the company retained your original certificates, and if yes, has the company issued any written communication to submit certificates mentioning purpose and has the company issued any acknowledgment and has it mentioned the period for which it wants to retain the certificates?

The conduct of the company is bad. While at the time of selection company can ask to show the originals to verify the copies, retaining the certificates for the entire period of employment is bad unlawful. Employee should decline to keep original certificates as collateral and should provide either attested or notarized copies.

You are within your rights to lodge complaint with police, O/o labor commissioner, Inspector under SE act applicable to your state, Wages Inspector.

Your company may find your complaint to these authorities more than it can handle.

You may now highlight your achievements, contributions; revenue generated and request the good offices of your company to waive off the notice pay.

Their action seems to be to keep you in company as the superior and HR might be good for nothing even to train a new employee. The KT for your post is not like training for an astronaut which these guys are incapable of.

--“They have replied of mail that to join the office and complete the notice period else they will mark me as absconding.”

This statement in writing goes against the company. On the one hand company has kept the original certificates on the other hand it is issuing illegal and coercing statements to terrorize the employee and execute and illegal act to declare the employee as absconding.

You can charge the company and these personnel in HR, line management by name in their individual capacity only.

You may let elders in the family, competent and experienced well wishers, lawyer/law firm draft and structure your reply to the company, concluding that you are not absconding and you have complied to the terms and conditions of your appointment letter while the company is breaching the trust, and demand acceptance of resignation, payment of your dues by bank DD , work experience/service certificate, relieving letter, form 16, attested copies of PF withdrawal/transfer forms (as suitable to you), NOC/NDC, FNF statement, original certificates in excellent condition ( without soiling, mutilation, damage etc) etc be supplied  to you by redg/speed post in say next 7days.

In a given situation employee can  invoke the provisions of Industrial Employment Standing Orders Act, SE act applicable to the state, Payment of Wages Act, ID act as per explanation of employee under these enactments or approach civil court.

If the need be approach a lawyer and your lawyer may prefer to issue a legal notice.

Dear Sir,

Thanks a for your kind advise.

Here, the meaning of releasing of certificate is relieving letter / experience.  I do have all copies of communication which I had with my reporting manager and HR head.  Here, I would like to bring your kind notice that in my last mail to HR Head wherein I have requested to release Relieving letter / experince letter and clear all your dues, he has replied of my mail, that I have not submitted the NOC "No Objection Certification" signed from my reporting manager, for which I have replied that since my boss was not mood to release me and designated person nominated by him refused to take KT, hence , lack of this, I could not submit the NOC, which shows my manager fault not mine.

As far as my thinking is concerned, they are personnally targetting which shows unprofessionalism and unethical.

Request you to please provide the further step to be taken be me so that I may be able to receive my dues, relieving letter and experience letter.

Here, I want to mention one thing that I have been marked very good rating by my previous reporting manager, which reflects my dedication towards the work.

Regards

You may let elders in the family, competent and experienced well wishers, lawyer/law firm draft and structure your reply to the company, addressed to good offices of  your  appointing authority, MD, CEO, Company Secretary, with a copy to Head-HR, seeking relief and concluding that you are not absconding and you have complied to the terms and conditions of your appointment letter while the company is breaching the trust, and demand acceptance of resignation, payment of your dues by bank DD , work experience/service certificate, relieving letter, form 16, attested copies of PF withdrawal/transfer forms (as suitable to you), NOC/NDC, FNF statement,  be supplied  to you by redg/speed post in say next 7days.

Your manager has designated and provided the replacement twice and you have initiated the KT each time,  that in itself is NOC.

If by dropping and ignoring ego you can take out time and firm up the schedule to complete KT for this dafar and good for nothing manager then explore this option and close the matter. However let your HR write for the date time venue name of designated employee and provide you access and confirm in writing that you have accomplished KT and has left the office without any company property.