Kamalkantps
Advocate
Sreeram70
Manager
+1 Other

Thread Started by #AB_employee

Greetings,
I was working with a BPO for past 6 years, due to some health issue I was on leaves and then suddenly after some more doctor prescribed test I came to know I am suffering from Kidney disease, I have send all the pathology reports to my Team Leader and also copy the same to my HRBP however as discussed at home I have mailed my resignation from my official email ID, my TL asked me to come and give the written resignation as I was not well staying far away from the company so was not possible, they have treated me absconding after couple of days...now i want my experience letter along with PF amount please help in providing the best possible way
Looking for your kind response
Best Regards
AB
16th April 2013 From India, Moradabad
If you have proof of your communication with any authorised person of the company then you can not be treated as absconder. regrads, kamal
16th April 2013 From India, Pune
Hi AB,
Company cant hold your PF amount that can be withdrawn at any time or if you join any company you can continue with same account.
Check with your HR Team, whether they have consider you absconding on Long Leave policy ? if Yes then this can be considered as Absconding case.
Yes I do agree that you have submitted your Doctor certificates but sooner or later you had to meet HR Team personally.
Solutions : you can request your HR Team give reveling letter with experience letter or else you can show your Payslip to other company as a proof for appointment.
16th April 2013 From India, Delhi
Dear Mr kingdeepak ,
Any policy of any organization which is against the principle of natural justice has no legal standing.
yr input that "whether they have consider you absconding on Long Leave policy ? if Yes then this can be considered as Absconding case." is gainst the principle of natural justice and is bad in law and thus amounts to unfair labor practice.
HR people need to think in a broad way and also need to understand the law of the land.
If AB has commuincated all details to the employer (even if through email on record), under no circumtances they can treat him as an absconder.
You should also know that email commuincation is treated as secondary evidence under Indian evidence act
16th April 2013 From India, Pune
Greetings,
Thanks a lot for the prompt response, will I get my experience letter as absconding if so what else I can do to rectify this issue...Yes KP sir I have all the mails in record however I have sent it from the official ID and now its not working...Request you all to please intervene
Regards
AB
16th April 2013 From India, Moradabad
Give all such details to the concerned HR including your claim for the experience letter in writing and wait for 2 - 3 days for their written response.
17th April 2013 From India, Pune
Dear AB,

Please do one thing without wasting any further time that is to send photocopy of your medical documents alongwith all your medical reports to the managenet with registered post with a letter stating the reference of all of your Email communications in this regard and stating the circumstances which led to your resignation. Please also mention your resignation mail seperatly and request them for

1. Your experience letter

2. Your PF form endorsement

3. Most important your gratuity payment as you have completed 6 years in the company you are entitled for the same.

I agree with Kamal in this regard that your case cannot be termed as absconding by any stretch of imagination. Fill in form 19 and 10C and enclose the same with this letter itself. it should accompany with a cancelled cheque and two revenue stamps sticked at designated places with a sign accross. Please take this step this will help you get the benefit in case they refuse to give you the benefit you are entitled.

Feel free to revert if some clarification is required in this regard.
17th April 2013 From India, New Delhi
Sir, pl note that mail communication is also a valid evidence as suggested by one of our friends. I suggest you meet your HR once in person and try to get the clearance in document. also remember to carry your medical reports along with you. IN ANY CASE YOUR ABSENCE CANNOT BE TREATED AS ABSCONDING unless you are having any asset of the company or documents of the company or cash.
17th April 2013 From India, Hyderabad
Dear SreeRam, Yes Email is permissible to be treated as evidence but he does not have those emails he did all the comunications from his official Email ID which is not working now.
17th April 2013 From India, New Delhi
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