Saswatabanerjee
Partner - Risk Management
Modakpriy
Operation
Pkmbgr13@gmail.com
Manager Operations
Nainz
Senior Hr Professional
Rohitjoshi21
Executive
+1 Other

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
10th September 2013 From India, Thane
- Did you formally put in your resignation? do you have a copy of the same?
- The clause mentioned in your appointment letter talks of salary in lieu of notice period?? Please specify the clause
- If you have already formally resigned, your employers legally cannot issue you an absconding letter as your intend to leave the porganization is specified via your resignation
- what email communications?
10th September 2013 From India, Chandigarh
As far as serving notice period clause is concerned, no terms and condition can be one sided.
firts of all 3 month notice period is not viable as per indian labour act and No one can forced anyone to serve all 3 months notice period
Please go and read the terms and condition for notice period and write it here
10th September 2013 From India
Yes, you have to serve 3 months of notice period as company requested. They might have planned some imp assignment to complete. Buyout policy is based on situation / Project delivery. If you are in bench generally companies agree for buyout. Can suggest you to go back to your previous company and serve 2 months more as you have already worked for 2 yrs, don\'t spoil your relation and career. Company has all the rights to send legal notice to your new company also if you don\'t complete the Exit formalities.
11th September 2013 From India, Hyderabad
Dear Rohit,
Is there any condition in you Appointment Letter, which indicates two ways to deal notice period
1-Have to serve for 3 Months
2-Have to pay 3 Months Salary
If both the ways are mentioned, that Organisation should not force you when you offered them to serve for a Month and pay for couple of month.
But, dou you have any evidence which proofs that, you had offered them the above?
Is there any point which proofs that, you have absconded?
See, There is no Law in India, which forces an Employee to work under an Employer without his wish, so no need to worry.
Let me know one thing, did you keep a Acknowledged copy of you Resignation Letter?
11th September 2013 From India
Thanks for the reply everyone!!
1) I have formally resigned and have served 1 month notice and denied to serve remaining two months as I already lost too many offers due to this 3 months notice compulsion.
2) Even after serving a months notice, they have marked me as absconding even after FNF Settlement.They have adjusted my leave and other unclaimed allowances and hence did not even ask me for settling the FNF and hence I did not have to pay anything.
3) Now after asking them for a experience letter, they are saying that I am not eligible for experience letter as I have been marked as absconded.
4) I have all the proofs of my resignations and email communication in which I am asking me to relieve on a good note. I also have emails of proper handover done with proper documentation as well.
Before taking any legal action, I just wanted to know whether I am eligible for experience letter??
Secondly, can they really mark me as an abscond even after FNF Settlement and 1 month notice??
12th September 2013 From India, Thane
Yes, you are Eligible to avail an Experience Letter.
It is a Letter, bearing the Professional expouser of an Employee during a prrticular period in a particular Organisation. It can also bear negativity about an Employee.
I mean, what, they are writing about you is different but they must give first.
And, as you mentiined, you have the copy of Resignation and E Mails, they can not proof you as absconded.
Do not worry, You have sufficient wipons to defeat the enemy but war is always bad, it affects both sides.
13th September 2013 From India
Please do not give wrong advice or what is not supported in law
Notice can be one sided, the employee has to follow what he signed unless it was signed under duress. In this case there is nothing one sided. The terms are quiet fair.
There is no law in india preventing employer from imposing a 3 month notice period. There is no compulsion to follow a 1 month notice period. Under the standing orders, and under most shop and establishment laws, if nothing is stated in the appointment letter or terms of employment the notice period is assumed to be 1 month.
In this case, since 3 months is stared, it is enforceable.

13th September 2013 From India, Mumbai
Rohit,

You have signed a letter that states you will serve 3 months notice.

You therefore, in law, need to follow it.

Since you have not worked for the entire notice period, and you have left without intimation and approval, you are an absconder. They can mark you as such. I am surprised that they have completed your F&F. Most probably it was done to avoid putting the amount in unpaid wages register and then depositing with labour welfare fund.

All your proofs are of no meaning as there is enough evidence that you left without proper notice. They can be forced to give you a employment certificate, but with the wording they will put, you will be hard pressed to use it in future employment. They will state in your employment certificate that you worked xyz months and the absconded without notice.

Further, this being a software company, if it is a member of nasscom, they can put you on the blacklist at the national skill registry, which will hamper your future career at any of the large software companies.


13th September 2013 From India, Mumbai
I agreed, that is why wanted to know the below, which I had mentioned in my first Thread.
Is there any condition in you Appointment Letter, which indicates two ways to deal notice period:
1-Have to serve for 3 Months
2-Have to pay 3 Months Salary[/B]
And as far as Appointment Letter concern, It should be based on the Policies of Employment Law. There Is now value of any Appointment Letter which can not grip an Employee ethically. I know every Disorganization has their own internal or Administrative policy but it should be according to the Law.
You can refer, there are many cases related Industrial and Employment disput, where the Employee awarded and Employer penalized due to silly mistakes.
Please, let my know If there is any updation / feedback for my personal knowledge.
13th September 2013 From India
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