Left My Job Without Notice and Now Facing Absconding Notices – How Should I Respond?

Hi, I joined an IT organization in February 2011 and left in May 2011 without giving any prior notice. I left due to the following reasons:
1) I was forced to attend late-night calls.
2) There was job insecurity, with employees being terminated suddenly, original ID cards not issued, and the correct address not provided on the offer letter.
3) Promises made regarding technology and projects at the time of joining were not fulfilled.

A week after leaving, I sent a resignation letter explaining clearly the reasons for my departure. However, I am still receiving notices from the organization treating me as absconding. What should I do? Should I accept the notices or reject them? Please help me.

Please let me know if you need further assistance.

Firstly, read all the instructions given on the appointment letter. Do you have an appointment letter with the wrong address printed on it, and is it mentioned for the night shift? Have you signed any contract with the company? If all these issues are okay, then you need not accept the notice. Just remind them that you have already resigned on [date]. Moreover, you can attach a photocopy of your resignation letter.

Regards,
Sourabh Munjal

Once you have submitted the resignation (by email or by registered post with AD), you need not worry. However, as suggested by Mr. Sourabh, you should go through your appointment letter once again and check your notice period in the organization.

Future Employment Considerations

For future reference, be careful. Before accepting any offer, ensure to research the organization, its nature of business, and other legal benefits such as PF, appointment letter, and leave policy.

It's my personal experience, and I have encountered such problems in the earlier days of my career.

Regards,
Amitav Nanda

Dear Rama, please send a copy of your appointment letter so that I can provide my legal opinion. Please provide your email ID.

Thanks & Regards,
RL Dhingra
Advocate
Labour Law Consultant
[Phone Number Removed For Privacy Reasons]

Dear Rama, the right course of action would have been to complain about their corrupt labor practices to the local Labor Commissioner. Fortunately, the same option is available to you now as well.

Steps to Address the Issue

Do one thing: write a letter to the management with a copy to the local Labor Commissioner, stating the corrupt practices carried out by your previous employer. Also, attach a copy of your resignation letter, appointment letter, notices from the company, and ID card with the letter. This will help you in many ways. The company will stop harassing you, and action will be taken against them by the local Labor Commissioner.

However, keep in mind whether or not they have put their registered address on the cards and other communications while keeping their corporate office address aside. They can do the same. So, before taking any action against them, you should be extra cautious so that the action does not backfire on you.

It would be best to send scanned copies of the documents to my email at [Email Removed For Privacy Reasons] in order to form any opinion.

Thanks

Hi Rama_2011, you have stated in your query that you left the organization in May 2011 without intimation. This is not the proper way to exit an organization.

Proper Exit from an Organization

To obtain a clean exit from any employer, you would have to:

1. Resign and serve the notice period specified in your offer/appointment letter.
2. Resign and tender the notice pay in lieu of serving the notice period and thereafter get yourself relieved.

Leaving an organization without intimation would be construed as abandonment of employment, for which you are liable to be terminated from the company. The result would be a stigmatic exit from an organization, which could affect your future employment prospects.

Rejecting notices received from your employer is not a good option unless you wish to be faced with an order of termination, which is most likely to follow the reminders you are receiving now.

You may reply to the letters or meet the HR of the organization personally and seek a clean exit with a relieving letter after tendering the notice pay if it is so provided in your offer letter since you are not interested in rejoining the organization.

Regards

The notices that you are receiving from your previous company are probably their way of formalizing the severance of the employee-employer relationship. The suggestions given by the other members are correct. You should review the contract and check if there are provisions regarding resignations.

Thank you.

After I left that organization, I called HR and explained the reason for not reporting. HR said to come and meet the management and explain the same to them. When I went there, they didn't give me any time to meet, so I waited for one day. Therefore, I sent a resignation letter through email, intimating the reasons for not reporting. The offer letter does not mention the notice period, and I did not sign any bond with the organization. I only signed the offer letter, that's all. What type of actions can they take against me?

After I left that organization, I called the HR department and explained the reason for not reporting. The HR advised me to come and meet the management to explain the situation. When I went there, they didn't give me any time to meet them. So, I sent a resignation letter through email, explaining the reasons for not reporting. The offer letter does not mention the notice period, and I didn't sign any bond with the organization. I only signed the offer letter. What type of actions can they take against me?

Whatever has passed is in the past. Your oral communication will not serve as a document to protect you from any future actions your previous employer may take against you. Therefore:

Immediate Actions to Take

- You must send a resignation letter immediately, addressing it to HR.
- Clearly state the reasons, without hesitation, including instances of torture, job security concerns, etc.
- Retain all documents related to any mistreatment or unjust termination of your subordinates. Gather all necessary evidence to support your case.
- Respond patiently after submitting your resignation to HR.
- Maintain all communication in a polite and official manner, and keep both hard and soft copies in your email or through registered post.
- During your probation, you are not obligated to provide a notice period upon resignation.
- If they resist your departure after following the procedures above, you have the option to lodge complaints against the directors, your reporting authority, and the HR of your former organization.

Further Legal Steps

1. File a complaint with the Commissioner of Labor.
2. Send a lawyer's notice asserting mental torture experienced.
3. Pursue a criminal case with your lawyer for the mental distress inflicted upon you.
4. Lodge a petition with the Human Rights Organization against the company's threats and coercion to continue working for them.
5. If there is any bond involved, take legal action against them under the abolition of the bonded labor system.

Failure to act promptly could result in legal action from your employer. Therefore, expedite the process.

Best wishes,

Ravi S.S
HR - IR
Email: [Email Removed For Privacy Reasons]