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Rohan Joshi (test)     12 September 2013

Marked absconding after 1 month notice, no experience letter

I am a Software Engineer. My question is regarding my previous organization. I had worked for 2 years. In the organization, there is a notice period of three months. But when I tendered my resignation, I asked for one month notice period that I wanted to serve. They did not agree for one month notice and asked me to serve all three month notice period. On which I asked them to buy out two months’ salary, for which they did not agree. I had to leave / abscond the company after one month without being accepted my resignation. 

There is condition in Appointment letter to serve three months’ notice period or lesser on approval of Manager.

But as I said I did not serve the notice period, after a month or so I got a letter from the organization on my permanent address saying that you will be marked as absconding if not returned back to services within 3 days of receiving the letter.

On other side, I have this email communications between me and senior management as well as HR Director in which I have agreed to buy out my notice period if required. I have been a good performer during my tenure. Also, I have properly documented all my work and given proper handover to another employee. But somehow, the organization are not ready to even talk to me on notice period condition even though there is a clause of shortening the notice period if approved by senior management. But these people are stuck on notice period not even a day less.

Now the problem is, my current organization is asking for experience certificates/ relieving letters from all the companies I have worked for.

I just want to know if I am marked as absconded (and Also, they have even cleared my FNF by adjusting my leaves and other allowances for 2 months), do I have the right to receive the Experience letter or Service Letter which just states that I have worked in the organization for 2 years. I do not mind if they mention that my services were abruptly stopped by serving short notice period.



Learning

 4 Replies

Kumar Doab (FIN)     13 September 2013

There was no need to abscond. Employee should never abscond.

It shall be appropriate to show all docs to your lawyer and let all representation be drafted by your lawyer.

The lawyer that has seen all of your docs can advice you the best. 

What is this establishment: Commercial or Industrial?

You are located in which state and Redg. office of the company is in which state?

The notice period may be mentioned in advertisement calling job applications, offer letter, appointment letter, service conditions stated in standing orders applicable to the company…………………………Shops and Commercial Establishments Act of the state……

The service conditions stated in standing orders can not be negated to employee in appointment letter…………………….thus if notice period is 30 days in standing orders it can not be 90 days in appointment letter.

Shops and Commercial Establishments Act of all states and Model Standing Orders have notice period of not more than 3 months.

You may show the appointment letter issued to you, standing orders (Certified/Model), Shops and Commercial Establishments Act of the state to your lawyer……………………and the lawyer that has seen all of your docs can advise you the best.

Resignation can be without permission or notice.

What is the notice period if termination is initiated by the company? It should also be 3 months. The contract of employment/ appointment letter should promote equitable discretion, or it can be termed arbitrary.

Do you know of any case when company relieved an employee before completion of 3 month’s notice period?

You have completed notice period tendered by you and left attending to office on expiry of notice period  & have completed exit formalities, handover of charge……………………………..hence you should claim that you have not absconded and charge the officials of the company by name for falsifying the record and making false entries.

The company might have adjusted the notice pay towards shortfall in notice period in FNF statement/settlement.

If yes nothing is due towards you.

Relieving letter signifies that there is nothing due against employee and employee has been properly relieved.

You may submit a final NOTICE ( drafted and structured by your lawyer) to Good offices of appointing authority, MD, CEO, Chairman, Company Secretary, by letter thru redg. post highlighting your good conduct achievements and narrating all representations made by you so far by phone, emails, in person (mention dates, phone numbers, names/designation/dept of company’s officials,………….) and conclude that you have properly resigned handed over the charge and have not absconded………………………………………and demand that service certificate and relieving letter (without any adverse comments and with good comments) be supplied to you within next say………………………..7 days by redg. post only.

You may add that false comments be removed from your personnel file, service card permanently and no adverse comments on candidature due to false entries and falsification of service record be issued to anyone and good comments should allow you to examine your personnel file and grant an appointment for the same, within next 7 days, by letter thru redg. post. Mention that postage prepaid self addressed envelope is attached.

If good offices do not provide relief you may issue legal notice by your lawyer and legal notice from your lawyer may drill sense into the heads.

O/o Labor Commissioner; labor Inspector………..

Inspector Under Shops and Commercial Establishments Act

Civil Court

Under expert advice of your lawyer.

Model Standing Orders:

13.          Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

 

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

 

 


Attached File : 310573350 model standing orders industrial employment standing orders rules.pdf downloaded: 126 times

Alyssa Scarf   22 September 2018

thnaks for this contributipon

Lilly Leadbeater   01 November 2019

Yes every company has your own rules some companies are giving the experience letter, in short, resign notice or some are complete the 3-month notice.  Last month I am working in easy company and suddenly I want to resign then my company owner tells me I just write your essay and you can free from us I am too hapy.

Annie   18 January 2020

I was having the same kind of problems but then I ordered an engineering essay from this website and I got it all figured out.


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