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tushar (md)     28 August 2014

What is the best method for absconding

I have a case in hand in which the candidate wants to leave an MNC after 5 days of working but the offer letter which he signed states that  he needs to serve 90 days or give 90 days salary to company .  In such a case the candidate has decided to abscond . What are the options available with the candidate should he Resign  write a proper mail to his manager and abscond  or he should just abscond ?  I want to known the least risky way in which he could avoid legal problems ahead in the future ? 

 



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 3 Replies

Kumar Doab (FIN)     28 August 2014

90 days notice period may not necessarily be applicable in his case.

It might be NIL. IN such a case employer shall not succeed and rather should pay wages and relieve the employee and buy peace.

You may go thru:

https://www.lawyersclubindia.com/forum/Service-bond-and-notice-period-108027.asp#.U_9RI9KSwb8

 

He should not abscond.

He may resign properly and address his resignation to appointing authority and supply it under proper acknowledgment, mention NO tasks are pending at his end and to whom he should handover the charge.

Since he has worked for 5 days he is eligible for 5 days wages, and he should demand it along with service certificate, FnF statement, PF number,ESIC card,NOC/NDC……………………..by redg. post only.

 

                                                                                                                                              

tushar (md)     29 August 2014

Thanks a lot Kumar i would like to throw in a  few more points 

1.The candidate hasn't taken the companies ID card as it was issued late due to stock unavailability

2. The candidate is not even allocated The Compute/ desk for work but assigned a project group not yes Not activities were assigned to him through his manager till date

3. Handover Given to the candidate was not satisfactory is was just done for formalities there was no proper clarity in the entire process from the manager . There were initally 2 resources handling the work the candidate took incomplete Handover from one of the resource as he was ill and his LWD had come near , Another senior candidate who was support to train my candidate took a transfer to Hyderabad but this fact was not told to my candidate and was revealed at a later stage .

4.The candidate has spoken to his manager that he has a much better opportunity verbally but few days later the HR has marked mail to all the higher authorities to him that due to better opportunity you can proceed with resignation but 90 days notice serving is compulsory or else you will have to buyout the notice that to needs a 10 days long approval cycle from many top departments .

5. The candidate hasnt even opened a PF Account , etc as he ID card was not available 

Please suggest a mail format for him he wants to Put the reason for resignation as 'Personal Problems' and put the resignation email to the authorities  but it should cover all these points such that this resignation letter can be used as proof if at all the authorities try to sue him legally for money  please do help  me as the candidate is my young brother and has fallen sick due to tension and mentall stress .

 

Please help us as we are a middle class family and cannot afford such a huge amount for notice and 90 days is to huge to serve as my candidate has got  a much good offer from a different firm . 

Kumar Doab (FIN)     29 August 2014

The offer letter and ID card (even if issued late), handover, the email marked to candidate etc as posted by you should suffice to establish employer-employee relationship.

If he has been made to attend office for 5 days his wages have to be paid, PF a/c has to be opened (however he won’t be able to withdraw…………………………….).

If he was not satisfied with employment then he may mention the reasons in resignation letter or may not since it is not mandatory to even mention personal reasons for resignation……………………..

Notice period/pay may not be applicable in his case. Notice period/pay is part of service conditions and is not just dependent on T&C inserted by employer in any private agreement drafted by employer and signed with employee e.g. offer letter, appointment letter/contract of employment etc……………

You may go thru the thread mentioned in previous post and other threads mentioned in it.

 

In case you are not able to handle the matter on your own you may approach a labor Consultant/service lawyer at your location with all docs on record and proceed under expert advice of your lawyer. The lawyer that has examined all docs and merits can advice you the best.


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