Absconding - legal action letter sent by the company - how should I respond? - CiteHR
Dinesh Divekar
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Hr Executive
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Sr. Hr Executive @ Polymerupdate
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Three month before I joined in it company as a fresher under two years service agreement bond ,in that bond they mentioned if I resigned my job within two years means I need to pay 1 lakh ... Now problem is suddenly my parents fixed my marriage I can\'t continue my job because my husband is working in states so twenty days before I absconded from the company...now I received a letter from the company they asked me meet them if I fail to meet them means they will take legal actions.... what will I respond for that letter...help me they can able to take me any legal action?????

Firstly I am unable to conclude the need to abscond.

It is very much natural to get married in the life, and I am sure you could have sat and negotiated the terms with your HR.

Secondly, employment bonds are not valid in India until formal training is given.

Even in the latter case, if the bond is one sided, it is again not valid.

You should have asked this before you took the step of absconding.

Nonetheless what's done is done.

Do one thing go and meet your HR and say that you would not be able to continue for you are getting married.

The minus point here of yours is you didn't care to inform your manager and/or HR about this either via email or by phone atleast.

They may now put you under pressure and make you feel guilty but it is up to you how to convince them.

I would not advice further as I think you have faulted somewhere and I can't support you by telling you what steps to take to avoid the show.

But just one piece of advice is admit your mistake and suggest that you would try to do as much as you can.

About action against you -

They may mark you absconded in their database and since you are into IT industry, there are few background verification companies or employees database where as well you can be given a red mark.

There can't be much of legal proceeding however that can be concluded only after going through the full terms of the service bond.

All the best.

Dear friend,

Your post smacks nonchalance on your part.

When companies hire staffs, they have some plans in mind. They have some projects to be executed. By your sudden exit you have put spike in the company's wheel. Have you thought any time if you were to be MD of some company and some staffs plays truant, how your work or plans would have gone haywire?

I am little surprised to find that your parents are also confederate to your action. How can they arrange their daughter's marriage "suddenly"? If marriage was on the cards, then why did you take up this new employment? You could have continued with your previous employment or have sit quietly at home (waiting for the solemnisation of your marriage).

Now suppose if your fiance comes to know of this breach of trust, he may look at you suspiciously. Trust is most important factor in husband-wife relations. God forbid he should not but then if your fiance thinks that if this person can cheat company, then she could cheat me as well! Have you or your parents thought of repercussions of this possibility?

You have not written anything about the type of bond that you signed with your company. Was that Rs 100.00 stamp paper? I recommend you putting on hold your marriage till you complete the bond. Else pay them as per agreement.


Dinesh V Divekar

I am not very sure,but I have read somewhere that even if we break the bond and not pay anything to the company, the only harm the company can do is not giving the relieving letter. So there may be an issue if your next employer is serious about reference checks.
However, I donot think you have to pay any amount for the same. Many of my fellow employees had left their jobs from one of the top 3 IT companies in the country and there was no action taken at all.
Talking about NSR(National Skills Registry) where most of the IT companies share their database -Hardly an company take pains to blacklist you there. It does not happen.

Dear Member,
You have all the guidance from our experts that you would need. However, here's my request. Please find a legal expert to verify the emails and letters you use to communicate with your ex-employer.
The words and sentence structure will make a huge difference , in requesting for a release on the humanitarian grounds.
Wish you all the best !

Dear Anonymus,

The first thing is that you are a real cheat. You are not ready to disclose your identity when you are seeking help from others. When you were given offer letter and on the date of joining you talk so many things and when the day comes you leave the company without even bothering to inform your seniors. Just think if the company had thrown you out without giving notice, what would have been if you were the only bread earner. You should have some loyalty towards your work and the organisation. First you be loyal and then expect the same from others. Even now you can go personally and meet the most senior officer of your company and explain what is the actual fact. He/she will certainly agree with your terms. Get the relivig letter and go ahead in life. Just one request please do not repeat such mistake s again in your life. Be bold and truthful.

Especially for female candidates there are so many good reasons to leave the company. I will give some eg. (a) Getting married and going abroad, (2) after marriage you can leave the organisation of a/c of pregnancy (3) to take care of the child, you have got en number of reasons.

Hi Anitha,
Even we have the bond system in our company, and when any employee goes absconding we do send them a mail or a letter to come down and meet us.If they dont, our company takes an action against them.
You are leaving for a valid reason i.e. marriage, so you can meet your HR or Management and explain your situation. By running away, its just going to worsen the situation.
Face the problem, and find a way out, no problem comes without a solution.
Its always better to start a new assignment after completely finishing off the assignment in hand now, having loose ends, will only complicate your life more.

Do you think that is enough?

There is a breach of trust. You have been absconding since a few days and now sending a mail will just not solve.

Suggest you to personally meet. I am sure you are not getting married tomorrow itself. And if you are getting married tomorrow, I think there was sufficient time to inform the authorities.

I do not understand one thing,

The employees very conviniently would say HR do not understand if the company terminates you without proper notice but it is all fair if the employees go absconding.

DO the the rules change if the table turns around? I guess such cases compels HRs to be stricter and be inhumane and because of such cases, at times a genuine case is not being considered and is not given due regards.

To be honest, if I were your HR, I would have looked into the employment bond and would have taken corrective measures to ensure two things -

1. No one does the same again to my company.

2. You get a better experience to think twice before you abscond a company.

Nonetheless all the best for your endeavors.

Dear HRs

I really appreciate the loyalty towards the organization demonstrated by all the HR officers who have responded to Anitha's question.

But here are some points to ponder -

1. Why do freshers abscond?

2. Are you sure they do not confide in their supervisors / team leads / colleagues about their dilemma of whether to resign and pay or abscond?

3. If the HR officer had formed a connect with the employee, would the HR not have got to know about the approaching wedding and the employee's dilemma?

4. Do employees find the HR threatening and unapproachable or friendly?

5. Are we there for employees when they have queries?

6. Do we explain the repercussions of absconding to a new joiner?

Let's endeavor to manage our Human Resources more efficiently.

Ms. Kavitha, these questions are for my fellow HR officers, postmortem, in an attempt to improve the quality of our services. This does not mean that your decision to abscond was correct. Do meet your HR in person as Ankita has suggested.


I do totally agree with Ms. Radhika,
Is wedding a small event that none of the Colleagues are called or are aware of
Is that a fresher must have not asked the consequences upon absconding
Again as Ms. Radhika has told, the decision of absconding from the job by Ms. Kavitha was not correct, she would have taken advise from the seniors of her office or the forum before absconding. Anyhow it is advisable to meet the HR in person and sort it out amicably. All the best

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