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dheeraj (none)     24 July 2012

Resigned from company but didn't got any acceptance letterhi

Hi,

I was working in my previous organization from Sep 2006 to Feb 2008.

I had a bond in that company ( 1.7 Lacs ) for two years. I was on the bench (no work at all ) for 1.5 year then

I got other good offer in some other company. I decided to move on.

I tried to talk to HR person but they said I will not get experience/reveling letter until I pay 1.7 Lacs.

I didnt had that much money. So after thinking long time I decided to leave.

I send my resignation letter to my manager but didn't got any acceptance letter or any other communication from organization after that no notice etc. 

Few days back I tried to call and settle the matter by willing to pay bond money for remaining periods

but they says  I am marked as absconded and will not get any latter.


What can I do to get settle this issue? Can they take any legal action against me ?

should I go and talk to them personally to their office ?

Kindly advice.

 

Regards,
Dheeraj



Learning

 13 Replies

Anoop K (Marketing Mgr)     24 July 2012

It depends on how important the relieve letter is, to you. Given that you were benched for the entire duration, I would as well recommend that you move on. Besides, there is no point in filing a case against the company. They have enough money to spend on such things!

Noting that you've left your previous company in 2008, I suggest you to forget this and keep moving on!

1 Like

dheeraj (none)     24 July 2012

Thanks Anoop for your reply.

What should I put in my resume for that time period ?  Should I remove my pervious company form my profile? should I show it as gap?

 

Regards,

Dheeraj

Anoop K (Marketing Mgr)     24 July 2012

Dheeraj..... Get that off your CV. It's ok to show a gap. If asked in interviews, you can always give them a personal reason for the break.


Hope this helps!

1 Like

Kumar Doab (FIN)     24 July 2012

Mr. Anoop has nicely explained a perspective in this thread for discussion. This may be the just solution in such circumstances.

Kindly allow to discuss another perspective.

--"I send my resignation letter to my manager but didn't got any acceptance letter or any other communication from organization after that no notice etc. "

Do you have POD and did you obtain acknowledgment of resignation from company.

If yes you have not absconded.

--"I was on the bench (no work at all ) for 1.5 year then I got other good offer in some other company. I decided to move on."

Company kept you on bench without assigning any work and leaving to rust without any opportunity to learn and develop.

Employer was unworthy of being employed with.

--Bond is understandable if company has invested in providing training or education adding to skill or qualification.

If the company just filled a vacancy to show that chair or bench in office is occupied then how can company be entitled to enforce bond? If promoters have floated a company  it does not  entitle them  to enslave the employees.

--"

Few days back I tried to call and settle the matter by willing to pay bond money for remaining periods

"but they says  I am marked as absconded and will not get any latter.

You wanted to pay on proportionate basis. However knowing fully well, probably that the claim shall not stand test of law, company has not staked any claim so far. It is probably now time barred.

However you may show the bond to a competent and experienced service lawyer , give inputs in person, and let your lawyer give final opinion.

--You may look into SE Act applicable to your state and under the enactment you must be entitled to get service/work experience certificate which is government version of reliving letter, without any column and scope for adverse comments.

Thus you shall have the experience in your Vitae. Sometimes someone may whisper to employer and ghosts from the past may come haunting.

Kindly proceed as deemed fit.

 

 

1 Like

dheeraj (none)     24 July 2012

Thanks Kumar for providing other perspective.

1. I have send resignation by Email and it didnt got any bounced message so it should be delivered. But I do not have delivery notification. I still have that mail.  Also I dont have acknowledgment of resignation. At that time I thought sending mail is sufficient :(.
After sending esignation letter I didnt went to company again. Will I still be called absconded ?

2. I was on the bench. They didn't officially call it as bench but most of the time I was not having any work.

    Frankly only good thing I did at that time was to use free time to study new technology and get a good offer outside..

3. I am in Pune , Maharashtra. Do you have any Idea about SE Act here? I am going through my offer letter again.

Kindly let me know if more info requried.

Kumar Doab (FIN)     25 July 2012

 

 

 

 

If you have sent the email it is evidence.

Before declaring an employee absconding and before issuing order of Termination Company should follow bare minimum in the process and issue communications by email, letter, reminders, notice, and legal notice at the current and native address in record.

Has the company supplied any such communication at your email id, current address and native address?

You can find reputed, competent and experienced labor consultant, service lawyer in Pune. It shall be appropriate to consult, showing all record and give inputs in person, and let your lawyer opine if the claim of the company for amount of bond is time barred.

You can conduct lawyer search at LCI:

https://www.lawyersclubindia.com/lawyers_search/

e.g.

jagadish paranjape

darshana sawant

Related lawyers list is also given on the bottom of this web page.

Bombay SE Act is enclosed.

Please update the developments in forum. It shall help many who visit the forum and face similar situation.


Attached File : 855993880 the bombay shops establishments act.pdf downloaded: 80 times
2 Like

dheeraj (none)     25 July 2012

Thanks again Kumar for your help.

I was not contacted by My previous company after my resignation letter. There was no mail or call.

Can you please explain what does  absconded means as per law?

Does it mean leave without informing or without completing notice period?

I will try to contact lawyer suggested and will definitely put my proceeding  in this thread.

I am not sure if I will able to clear this mess but atleast someone in future will learn from my experience.

Regards,
Dheeraj

Kumar Doab (FIN)     26 July 2012

The term “Absconding” might have been mentioned in your appointment letter. Company might have mentioned if employee is absent from work without any intimation/absconds, for…………….days, his services can be terminated.

Or absence from work for……….days would amount to absconding.

In other words; terming the abscondment/desertion as breach/repudiation of contract, or dismissal of employee by employee himself.

Employer does not want to follow process of termination/dismissal and wants to avoid dismissal/termination, and therefore tags the file as absconding/deserting and closes the file. Employer believes and it is a fact, majority of the employees get subdued by the tactics applied by companies, and majority of the employees are ill informed.

 

The question arises where an employer has an effective way of communication with employee………..why the employer does not communicate effectively? In today’s world effective way of communication are in use in office of employer, e.g. email, courier, mobile phone, landline phone, speed post, telegramme, advertisement in leading and local newspaper, contact with family, thru peers/colleagues, legal notice etc. If all reasonable attempts to contact have failed for all practical purposes company can terminate the services. Company should be in a position to produce set of documents and POD of each communication. In your case company is leveling a charge of deserting/absconding despite the fact the fact that you have supplied the resignation by effective way of communication i.e.  email. If at all company wanted to respond company could have responded at your email id.

The question arises why your company did not communicate effectively before terming and declaring you absconding?

Has the company described any ceremony to be presided by Head of the Town, which employee has to attend after tendering resignation in appointment letter or some corrigendum, circular, standing orders, which you failed to attend.

The employer like a feudal mind wants to have absolute control with iron fist, handle on employee. Company might have prepared a employee/HR policy for internal circulation, mentioning if employee absconds experience certificate/relieving order shall not be issued!!!!!!!!!!!! Company might have it in standing orders????????????

However all policies, rules have to be kept tin the knowledge domain of the employee.

Gossip and rule can not be rules and policies.

If company states you have absconded compnay shall have to prove it and produce the communications sent by effective means of communication and its POD.

Inspectors under SE Act can call for records and can ask to produce record for examination.On your complaint if Inspector checks record/ registers, your personnel file and finds in case of many employees company has tagged many employees absconding it shall be a trouble for company. This HR person shall be in trouble.

Let your lawyer opine finally, after examinng your record and inputs given by you.

You may proceed as deemed fit and choose the most suitable option for you.

 

 

 

 

 

 

To abscond from parole is to escape, flee, leave without permission, fail to report.

https://www.thefreedictionary.com/absconding

 

ab·scond  (b-sknd)

intr.v. ab·scond·ed, ab·scond·ing, ab·sconds

To leave quickly and secretly and hide oneself, often to avoid arrest or prosecution.

 

abscond [əbˈskɒnd]

vb

(intr) to run away secretly, esp from an open institution or to avoid prosecution or punishment

[from Latin abscondere to hide, put away, from abs- ab-1 + condere to stow]

absconder  n

Quotations
"abscond: to `move in a mysterious way', commonly with the property of another" [Ambrose Bierce The Devil's Dictionary]

dheeraj (none)     26 July 2012

Thanks Kumar for details explanation. I will contact some lawyer. Will update my progress on this thread.

CA. Vikash Dwivedi (Chartered Accountant)     27 July 2012

send them reminder mail and say you had resiged on... and if no reply is received in next 3 working days from the receipt of this reminder mail the resignation shall deemed to be accepted by the mgt.

Abhijeet (H.O.D)     31 July 2012

Hello,

I was working in an organisation for last 5 years and I have resigned from the organisation after discussing my last date of work with my manager.As per the organisation policy we can serve 2 months notice period or can pay 2 months gross salary. As per the discussion with my manager we decided that i will be serving 1 month and the remaining 1 month i will be paying gross salary and he agreed on that. After submiting a hard copy of the resignation letter to him he did'nt gave me the acceptance signature on it by saying its not in our policy to give acceptance with stamp on it. Also they have asked me the remaining month salary, if not given they will not provide me the experience letter. As i worked for 1 month without any salary i asked them to keep my salary as the amount aganist notice pay. But they did'nt agree and said that i have to pay by cash (NO cheques accepted.) then only they will issue me  the experience letter. As i have to submit the experience letter to my next employer i paid that amount, it was aroung 30,000. After paying the amount they provided me the experience letter., but they gave me a receipt on a plain paper with revenue stamp on it and organisation stamp on it. The receipt was not accepted by my next employer for reimbursement and so cou'nt not get the amount back. After requesting serval times the previous employer is not ready to give me the receipt on a letter head. I have asked them the reson but they only said that its not in our policy. please help me..as i am financially not that stable. Please advice me on what can be done in this situation.

Kumar Doab (FIN)     01 August 2012

@ Abhijeet,

Kindly always start a new thread.

You had an agreement with new employer for buy out of notice period. Is it in writing?

You may submit the receipt issued by previous employer with a covering letter under acknowledgment. Let this company reply to you in writing. There is a way to do everything. It is felt that in such matters employee should first submit a communication in writing under acknowledgment and then let there be deliberations on it.

Previous employer has issued an acknowledgment with revenue stamp, company seal affixed on it, and probably a competent employee has signed on it. You can submit a representation in writing under acknowledgment addressed top good offices of your appointing authority, MD, Company Secretary, covering and narrating all representations made so far and raise your demand for supplying you the requisite demands e.g. company receipt on company letterhead/prescribed stationary bearing company’s logo, acknowledgment and acceptance of resignation, FNF statement showing payment of notice pay by you and thus reducing FNF settlement amount paid to you and form 16 issued according to FNF statement, relieving letter, NOC/NDC etc.

The line management and HR of previous employer have played smart with you and have been able to subdue you to accede to their demands. They are aware and have applied tactics to protect their interest. Now the onus has been shifted on you. Employee should consult before acting in haste.

Now if your new employer disburses the notice buy amount to you and previous employer does not reduce FNF amount paid to you, you shall be subjected to double taxation.

You may approach an experienced CA/Income Tax Lawyer and these experts may be in a position to suggest relief to you.

Notice pay should be Basic+DA.

Company should pay the last month salary to you vide FNF statement, and encash earned/paid leave in FNF statement. Look at another scenario: if the company pays notice pay to an exiting employee it does so vide FNF statement, isn’t it? And in such a case it deducts TDS, and issues form 16 accordingly. The notice pay disbursed by company is not penalty on company and similarly notice pay collected from employee should not adjusted in FNF statement.

You may attempt to get the FNF statement as suitable to you and if you do not get you may not issue acceptance of FNF statement and write you objections on the FNF statement, and may accept the FNF payment instrument under protest. It is felt that this company may ask you to supply advance acceptance of FNF statement so that payment can be released. You may not accept it.

 

“I have asked them the reason but they only said that it’s not in our policy.’. You may apply your reasoning skills, and succeed to obtain a reply even if by email and submit the email to new employer and convince them to disburse the amount to you. 

 

 

Kumar Doab (FIN)     02 August 2012

Kindly read "The notice pay disbursed by company is not penalty on company and similarly notice pay collected from employee should not adjusted in FNF statement."

as

"The notice pay disbursed by company is not penalty on company and similarly notice pay collected from employee should be adjusted in FNF statement."


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