I argued with HR over the phone and because of some previous similar misbehave after considering I send my resignation after that now instead of an acknowledgment letter briefing me for further procedures they are saying I absconded and companies reputation damage but I didn't and I'm not running away and I tried to explain the whole situation and conversation between me & HR to the owner in written form I just want to quit my job. Do I need to serve a notice period or not? Not a single thing - they are ignoring my mail and message as well call - I don't know when I can get my experience letter and salary? Please help.
From India, Mumbai
Labour Law & Hr Consultant
Hr Professional
Nagarkar Vinayak L
Hr And Employee Relations Consultant

When an employee intends to quit his job, he has to submit a formal letter of resignation to the designated authority through his/her functional head.

The resignation should comply with the exit clause of the unilateral termination of the contract of employment as already stipulated or as in force for the time being. In other words, he/she should be prepared to serve the notice period or buy out the same subject to the consent of the employer.

During notice period, he is not expected to avail leave except on medical grounds even which can extend his notice period proportionately, if the employer so insists.

Notice period being a period of transition only, the exiting employee should perform as diligently as possible to the satisfaction of his immediate superior and leave no work unattended.

Before the date of relieving he should obtain no dues certificate from the connected departments, if any in the organization.

This is the general compliance required on the part of an employee intending to resign.

When the employee thus initiates the process of resignation in such an orderly fashion, the employer cannot arbitrarily treat it as abscondence according to his own whims and fancies or under the wrong guidance of the people in the middle.

If done so the employee can legally question that.

When the resignation is for the sake of a better job elsewhere, the prospective resignee should be very tactful and ensure formal compliance connected with the process and make the separation peaceful and happy to all the extent possible and avoid confrontation, if any with the present employer for every employer can either make or mar the career of an employee.

Employment is a process of mutual co-operation and dignified adjustments between the employer and employee. Organizational hierarchy would demand submissive behaviour from employees and the poster should keep it in mind and avoid arguments with senior collegues in situations which can be approached with different perceptions as there are individual differences.

From India, Salem

Your query does not have complete information, and the grammatical errors in your post are creating confusions.

My first question to you is, Have you send the formal resignation in written format to the company?

If yes, then you are liable to go for legal proceedings against the company, as no company can modify the reason of resignation if an employee willingly wants to resign (whatever be the reason).

Second question is, date of your resignation and since how long this case is pending?

In case the full and final settlement time limit (as mentioned in your employment contract) has crossed, then again you can file a case against the company to settle all your dues, as it is completely illegal for any company to hold the full and final payment for any good reason beyond the mentioned deadline.

From India, Noida
This needs your clarification on 'Absconding'. Whether you were absent from your office for indefinite period without intimation?
If you want to fight against this better take the help of a lawyer and present all papers to support your case.

From India, Mumbai
Dear colleague,
There are a few ifs and buts in your post. Apparently you seem to have resigned in a huff.
1 Did you send your written resignation letter to the proper authority?
2. Has the receipt of the same is acknowledged by the company?
3. Did you serve required notice or offered to buy the notice period and same is mentioned in the letter of resignation?
If the answer to the above is ' yes' , then treating you as ' absconding' is prima facie illegal and merits challenging in the court if not settled amicably before that action.
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai

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