Anonymous
I have worked in an organization for a year. I got pregnant and took maternity leave. But I couldn't continue my job due to issues in maternity. So i quit the job immediately without proper relieving. But I informed them in person. However, they have added my name to the absconded list. After 3 years of gap, now I got a new job and I have asked for NOC from my old organization. Is there any legal act not to give NOC for absconded employees?
From India, Coimbatore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Rkn61
Hr Manager
KK!HR
Management Consultancy
+1 Other

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KK!HR
1319

There is no legal obligation to give or not to give NOC to an absconded employee, indeed there is no provision for an NOC for joining a new organisation. . Treating you as an absconded employee is also not correct as you had informed them of your inability to continue for medical reasons related to pregnancy.
You may formally apply for experience certificate and relieving order. That should suffice. Try to meet the HR or Admin personnel and request them in person. Most likely they would oblige you.

From India, Mumbai
saswatabanerjee
2289

KK, I disagree with you.
The concerned former employee just left without notice and without handover.
She only informed them that she won't continue and won't complete even notice and handover (that is what I gather from above)

Why will the company give her a NOC?
Why will the HR or the Management want to favour someone who didn't bother to do a handover, other than to thank her for saving them maternity leave

From India, Mumbai
prashant.deshpande
10

Dear Member,

1.Refer your appointment letter clauses carefully and see if you get any kind of support from that.

2.You mentioned that you were having some issues in your maternity and in person you told them about this also.

3.Beyond law, rules and regulations one thing is always there is Humanity and to some extend principal of natural justic.

I suggest you visit to HR with proper hard copy of resignation along with justification of your inability not to done within time due to issues in maternity and that relevant documents.

I hope HR will understand your problem with sympathy and will do the needful. Please be in respect, request and polite mode to get things done!

Regards, Prashant

From India, Pune
rkn61
559

You were granted maternity leave by the company. When company did this for you, you should have tried to oblige the separation clause mentioned in your Appointment letter, when you decided to leave your company - which you did not do. That was why the company included your name in the absconded employees' list.

Now, you got an offer from another company now. Try to visit your old company, meet the HR head and CEO (if necessary), - (Nothing wrong even if you have to cut a sorry figure before them) and
convince them about the issues related to your post delivery period and submit a resignation letter alongwith a request for your experience certificate and reliving order.

From India, Aizawl

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