Re Employment After Absconding - CiteHR
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Facts:
Worked for more than 2.5 yrs in a leading BPO
Absconded only because of the unfair treatment...(needless to mention that employee cannot fight the management who is too smart to play on such things)
Got job elsewhere
However, relieving letter from previous co. is pending.. so employee had paid all the dues as per F&F letter
Instead of relieving which was promised during a call with HR however not even service letter was issued
Instead, a letter stating the absconding was issued due to which several other opportunities have been lost.So obviously cannot be presented to any other co. However a there is a threat in the current co too.
Questions:
To abscond is definitely not the way to quit... however Is it such a big crime that he/she should not get a job elsewhere?
If yes for how long? for ever? Is there any alternative? What does Indian labor law says about it?
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It is not a big crime under Labour Law, but it is something like irritating to an employer who invests a lot of money on an employee by way of training, who pays salary to the employee in time, who pays attention to enforce social security measures for the employee and who believes that there would be a huge production loss due to long gap in hiring a new person to the post of a left employee. When absconding you should have thought that an employee is a free bird and wherever work is available you can easy take it and do it till you get bored and then again try another field and so on. But you should also have thought that the employers can share feedback about an employee and in that exercise you do not have any control.

There is a case, ie, Vijay S Sathaye Vs Indian Airlines Ltd, in which the Supreme Court has ruled that an employee can leave the job at any time. Many other case laws also support that employees can resign and leave but employer has to undergo legal formalities like issuing notice, or paying notice pay etc if he wishes to terminate the services of an employee. But nothing will stop an employer to rate an employee when he is asked to do it by another employer where his absconded employee joins! You can argue that you should be paid wages on 7th of every month, you can command that you should get facilities like rest room, lunch room etc if they are not provided, you can also demand that you should be relieved immediately; but you can not require an employer to issue a service certificate which shows that you were a good employee! You cannot say that he should not write "absconded" as the reason for leaving in the service letter or reference letter.

When labour laws are made to benefit employees, there is hardly anything which is meant to support the employer. Let his take at leastthis right, the right of rating his employees.

Madhu.T.K
Please let me know how to write & what to write in a letter for reemployment as per the below mention details.
I am Shahid Khan worked in a company in Saudi Arabia from the period of December 2010 to May 2014
I went on vacation in 25 may 2014 but I didn't returned back after the completion of my vacation due to some family issues which compelled me to stay back in india till the time & the same I was infromed to my manager but I didn't get any support from him.
Now I am seeking for reemployment in any position in any departments.
As I am regreting now for not returning back to work & because of that I lost my job & the best company ever.
Please tell me the proper way to write a letter to the higher management.
Need your help
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