Dear Seniors,
One of my friends was working in Chennai and was facing family concerns at home, which made it difficult for him to focus on his work and career. The MNC was unwilling to accept his resignation, even though he was willing to pay the notice period amount. After assessing the situation at his end, I advised him to leave the employer without notice and arranged a job for him in his hometown.
I do not regret my decision as the circumstances compelled me to take that step. I would like to seek guidance from your esteemed panel: Can the employer take legal action against an employee in such a scenario? It is important to note that the HR policy in his company requires either a one-month notice period or payment equivalent to one month's basic salary (which he is prepared to provide).
I would be extremely grateful if you could shed some light on this matter.
Thanks & Regards,
Tushar Tandon
From India, Delhi
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One of my friends was working in Chennai and was facing family concerns at home, which made it difficult for him to focus on his work and career. The MNC was unwilling to accept his resignation, even though he was willing to pay the notice period amount. After assessing the situation at his end, I advised him to leave the employer without notice and arranged a job for him in his hometown.
I do not regret my decision as the circumstances compelled me to take that step. I would like to seek guidance from your esteemed panel: Can the employer take legal action against an employee in such a scenario? It is important to note that the HR policy in his company requires either a one-month notice period or payment equivalent to one month's basic salary (which he is prepared to provide).
I would be extremely grateful if you could shed some light on this matter.
Thanks & Regards,
Tushar Tandon
From India, Delhi
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Hi,
Absconding is for someone who doesn't know how to tackle a situation and wants to run away from a problem.
If he wants to abscond, then it would be better if he:
- Completes all the projects assigned to him, leaving no incomplete ones. If not possible, assign the same to another competent person.
- Makes sure that he has not signed any bond that may attract legal action even after he pays the notice period amount.
- Ensures that he has not signed any documents, invoices, vouchers, or cheques that may create problems in the future.
I would strongly suggest he sits with the HR team in his present company and try to make them understand his situation. They may be able to provide a better solution than absconding.
In some companies, if an employee goes absconding, even after paying the notice pay, he may not be able to get a relieving letter or experience letter from them.
Also, don't take it personally, but if you are an HR person, do not advise a person to abscond from a company.
I guess you are not an HR professional at all because only an HR knows what kind of problems erupt when an employee absconds.
Regards,
Vasanth
99401 58323
From India, Pune
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3Absconding is for someone who doesn't know how to tackle a situation and wants to run away from a problem.
If he wants to abscond, then it would be better if he:
- Completes all the projects assigned to him, leaving no incomplete ones. If not possible, assign the same to another competent person.
- Makes sure that he has not signed any bond that may attract legal action even after he pays the notice period amount.
- Ensures that he has not signed any documents, invoices, vouchers, or cheques that may create problems in the future.
I would strongly suggest he sits with the HR team in his present company and try to make them understand his situation. They may be able to provide a better solution than absconding.
In some companies, if an employee goes absconding, even after paying the notice pay, he may not be able to get a relieving letter or experience letter from them.
Also, don't take it personally, but if you are an HR person, do not advise a person to abscond from a company.
I guess you are not an HR professional at all because only an HR knows what kind of problems erupt when an employee absconds.
Regards,
Vasanth
99401 58323
From India, Pune
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I am not ready to accept your perceptive that the “MNC Company is not ready to accept his Resignation”. I understand that either you are hiding few things in your case or your friend has not shared the truth with you.
Anyways, by giving such suggestion and advice, you have put him in a BIG Shit. Company can take legal action against your friend. They can implant him in case of “Data Theft”. Moreover, wherever your friend will go, his reference check from this employer will say like this, “Not Resigned. Absconding. No Handover-Takeover”. So, you have actually spoiled the future career of your friend.
Regards
From India, Mumbai
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Anyways, by giving such suggestion and advice, you have put him in a BIG Shit. Company can take legal action against your friend. They can implant him in case of “Data Theft”. Moreover, wherever your friend will go, his reference check from this employer will say like this, “Not Resigned. Absconding. No Handover-Takeover”. So, you have actually spoiled the future career of your friend.
Regards
From India, Mumbai
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Dear Tusur,
We know there is always counseling available for such employees. In this case, there is no need to abscond; instead, he should talk to the manager and request counseling. Any counselor or manager can assist in this situation.
Counseling should also involve his family members separately.
From Praveen Kumar
From India, Hyderabad
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We know there is always counseling available for such employees. In this case, there is no need to abscond; instead, he should talk to the manager and request counseling. Any counselor or manager can assist in this situation.
Counseling should also involve his family members separately.
From Praveen Kumar
From India, Hyderabad
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Absconding could never be a solution, either from an organization or from the family. You have caused your friend to land in a big problem. You have clearly stated that the company has a provision for tendering either one month's notice or one month's pay in lieu of notice. Your friend has also agreed to both. In such a case, there is no problem. If the company is unwilling to accept his resignation, he could very well serve one month's notice through his lawyer. I feel your friend is hiding something from you, and in case he is placed in any problem, his hands may stretch towards you.
Sengailingam
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Sengailingam
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Dear,
Forget what has happened. Please ask him to write to the MNC an appealing letter explaining the circumstances and just apologize for his act. They may forgive him and issue his relieving and experience certificate. In HR, apology and regret are natural feelings which have their own effect.
Absconding may be an issue for you and your friend; it is a usual situation faced. At least in any organization, there will be such cases. Ask your friend not to fret but to be bold to face the consequences of his act.
With Regards, V. Sounder Rajan
E-mail: rajanassociates@eth.net
From India, Bangalore
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Forget what has happened. Please ask him to write to the MNC an appealing letter explaining the circumstances and just apologize for his act. They may forgive him and issue his relieving and experience certificate. In HR, apology and regret are natural feelings which have their own effect.
Absconding may be an issue for you and your friend; it is a usual situation faced. At least in any organization, there will be such cases. Ask your friend not to fret but to be bold to face the consequences of his act.
With Regards, V. Sounder Rajan
E-mail: rajanassociates@eth.net
From India, Bangalore
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I presume that this individual is in the starting stages of his career. The habit of running away from situations could become a habit with him. He is learning an unprofessional habit. There is no way a company cannot relieve an employee provided he is willing to abide by his contract terms of giving notice or compensation in lieu. That would amount to bonded labor. Please advise him to be professional and think of long-term consequences.
Sathya
Learning Adventures
Learning through Exploration
majorsathya@gmail.com
From India, Madras
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Sathya
Learning Adventures
Learning through Exploration
majorsathya@gmail.com
From India, Madras
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Dear Mr. Tushar Tandon,
I do agree with Mr. Vasant's comments, and please do not advise anybody to abscond from his liability. Instead of absconding himself, he could have sat with HR personnel, and if HR is willing, he may elevate the problem to a higher level and properly get relieved from the duties. By absconding himself, he has made the situation complicated and made it difficult to get his terminal benefits as well.
With regards,
L. Kumar
From India, Madras
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I do agree with Mr. Vasant's comments, and please do not advise anybody to abscond from his liability. Instead of absconding himself, he could have sat with HR personnel, and if HR is willing, he may elevate the problem to a higher level and properly get relieved from the duties. By absconding himself, he has made the situation complicated and made it difficult to get his terminal benefits as well.
With regards,
L. Kumar
From India, Madras
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Normally, when somebody wants to resign due to personal problems, the management shows concern and tries to help such employees, if the relationship is good.
In your friend's case, I find some link is missing, and your friend conceals certain important and critical facts. In the absence of that, we cannot advise him properly.
However, if you feel that there is transparency in your friend's statement, then ask him to send the resignation letter along with a DD for an amount representing the notice pay amount with a commitment to help the management in clearing the pending assignments, if any, or to properly hand over things. Also, let him make an assurance that if required, he will come forward to help them in the future until the new person settles down.
Kannan
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In your friend's case, I find some link is missing, and your friend conceals certain important and critical facts. In the absence of that, we cannot advise him properly.
However, if you feel that there is transparency in your friend's statement, then ask him to send the resignation letter along with a DD for an amount representing the notice pay amount with a commitment to help the management in clearing the pending assignments, if any, or to properly hand over things. Also, let him make an assurance that if required, he will come forward to help them in the future until the new person settles down.
Kannan
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Hello,
By advising your friend to abscond from duties, you have made a mistake. What he should have done was to discuss this very clearly with HR and his reporting boss. If we look from the viewpoint of the employee, he may think he did the right thing, but you have to delve deeper to understand the situation.
Regards,
Rahul
From India, Delhi
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By advising your friend to abscond from duties, you have made a mistake. What he should have done was to discuss this very clearly with HR and his reporting boss. If we look from the viewpoint of the employee, he may think he did the right thing, but you have to delve deeper to understand the situation.
Regards,
Rahul
From India, Delhi
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Dear All,
First of all, thanks a lot for all your suggestions and feedback.
To address some of the responses and provide more specific details, here are some additional points to assist you in commenting on the case. He is not abiding by any bond or other document. The HR policy clearly states a 1-month notice period or 1-month basic salary (my friend is willing to pay that amount as he is unable to serve the full notice period).
Regarding the term "absconding," it actually means to secretly run away. I completely agree with you, but as you suggested that this could have been escalated to a higher level, the question is, does the problem actually get resolved if escalated? My answer to that question would be a big NO.
There is a beautiful quote in Hindi: "kaan idhar se na pakadke udhar se pakad lena" - saying things in a different manner. Are we on the same page, Seniors? Because many of my colleagues agree with this.
Thank you.
From India, Delhi
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First of all, thanks a lot for all your suggestions and feedback.
To address some of the responses and provide more specific details, here are some additional points to assist you in commenting on the case. He is not abiding by any bond or other document. The HR policy clearly states a 1-month notice period or 1-month basic salary (my friend is willing to pay that amount as he is unable to serve the full notice period).
Regarding the term "absconding," it actually means to secretly run away. I completely agree with you, but as you suggested that this could have been escalated to a higher level, the question is, does the problem actually get resolved if escalated? My answer to that question would be a big NO.
There is a beautiful quote in Hindi: "kaan idhar se na pakadke udhar se pakad lena" - saying things in a different manner. Are we on the same page, Seniors? Because many of my colleagues agree with this.
Thank you.
From India, Delhi
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Hi Tushar,
Absconding from work is not a remedy. If an MNC did not want to relieve your friend, it could be for a couple of reasons:
1. He is so good that they can't find a replacement. In this case, the company will always try to negotiate with the employee.
2. He is under contract to be with the company for X period. In this case, the company could issue a legal notice. It would blacklist the person, which means that getting a good job in a reputable company would become really difficult in the future.
Please do not advise anyone to abscond from work.
Wishing you well.
Regards,
Parvathy
From India, Gurgaon
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Absconding from work is not a remedy. If an MNC did not want to relieve your friend, it could be for a couple of reasons:
1. He is so good that they can't find a replacement. In this case, the company will always try to negotiate with the employee.
2. He is under contract to be with the company for X period. In this case, the company could issue a legal notice. It would blacklist the person, which means that getting a good job in a reputable company would become really difficult in the future.
Please do not advise anyone to abscond from work.
Wishing you well.
Regards,
Parvathy
From India, Gurgaon
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Hi,
If you work as an HR professional, you are aware of the implications of absconding. It can lead to various consequences such as:
1. The employee's financial data for the period they have worked.
2. Their PF details and dues.
3. The assets that have been assigned to them.
4. Their email address.
5. Their transport arrangements.
6. The size of their team and their reports.
7. The projects they have been involved in.
8. The clients they have been serving.
The list can be extensive. It is crucial to be diligent and fulfill all obligations before leaving a job. If something is left incomplete, it could potentially put the individual in a difficult situation in the future.
Sandeep Sable
From India, Pune
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If you work as an HR professional, you are aware of the implications of absconding. It can lead to various consequences such as:
1. The employee's financial data for the period they have worked.
2. Their PF details and dues.
3. The assets that have been assigned to them.
4. Their email address.
5. Their transport arrangements.
6. The size of their team and their reports.
7. The projects they have been involved in.
8. The clients they have been serving.
The list can be extensive. It is crucial to be diligent and fulfill all obligations before leaving a job. If something is left incomplete, it could potentially put the individual in a difficult situation in the future.
Sandeep Sable
From India, Pune
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I 100% agree with Vasant's comment, never abscond from the services. Who knows when we need our service letters in the future if a person really has their own goals and achievements. It's compulsory to have all our experience letters and a clear statement from the companies where we have worked.
Please do not suggest any employee to abscond from the services for their bright future.
Sandhya
From India, Hyderabad
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Please do not suggest any employee to abscond from the services for their bright future.
Sandhya
From India, Hyderabad
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It would have been best if you were to consult the group before giving an idea to your friend. As one of our team members has already suggested, it's better that your friend writes to the HR or the senior management regarding the problem.
What I believe is when anyone leaves the job, it should always be after completing all the formalities. The world is very small; what will your friend do if he meets his boss in the next company?
Regards, Av
From India, Pune
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What I believe is when anyone leaves the job, it should always be after completing all the formalities. The world is very small; what will your friend do if he meets his boss in the next company?
Regards, Av
From India, Pune
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Dear Tushar,
"Abscond" would mean an employee is absent from their duties without any prior notice to the employer. In your case, you cannot name it absconding since he is ready for resignation, but the employer is not ready to accept it. First, confirm whether he has given his resignation in writing. If not, ask him to do so at the earliest because the employer can sue him for double employment.
From India, Ahmadabad
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"Abscond" would mean an employee is absent from their duties without any prior notice to the employer. In your case, you cannot name it absconding since he is ready for resignation, but the employer is not ready to accept it. First, confirm whether he has given his resignation in writing. If not, ask him to do so at the earliest because the employer can sue him for double employment.
From India, Ahmadabad
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Dear Tushar,
Kudos to you! I appreciate your decision. YOU HAVE RECEIVED AN APPRECIATION FROM K. RAVI! Here, most HR professionals see only from the company's point of view. However, I am confident that you must have suggested to your friend to abscond because there is no use negotiating or talking with the HR of your friend's company, who may be foolish and not ready to accept or understand your friend's problem. If the company is not willing to understand the employees' problems, then it's not worth working for such a company, and neither is the HR worth discussing. Those who failed to see the other view would now understand why your decision was valid at that moment.
From India, Pune
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Kudos to you! I appreciate your decision. YOU HAVE RECEIVED AN APPRECIATION FROM K. RAVI! Here, most HR professionals see only from the company's point of view. However, I am confident that you must have suggested to your friend to abscond because there is no use negotiating or talking with the HR of your friend's company, who may be foolish and not ready to accept or understand your friend's problem. If the company is not willing to understand the employees' problems, then it's not worth working for such a company, and neither is the HR worth discussing. Those who failed to see the other view would now understand why your decision was valid at that moment.
From India, Pune
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Thanks a ton to everyone who has responded to my query. I must say that I have learned a lot from all the replies! Thanks once again! But just wanted to inform you that the company has finally accepted to provide him his full and final settlement with the relieving letter.
Have a wonderful weekend and a very happy new year! :)
Warm Regards,
Tushar Tandon
From India, Delhi
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Have a wonderful weekend and a very happy new year! :)
Warm Regards,
Tushar Tandon
From India, Delhi
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Legal Clarification on Absconding & Contract Labour.pdf