How Can I Overcome the "Absconding" Label on My Relieving Letter to Find a New Job?

Hi, I was working with a reputed BPO for the past 18 months, and everything was going well. I was performing well, and my managers were happy with my performance. However, all of a sudden, for some reason (maybe because of the unhygienic food provided in the organization or my bad eating habits – as at times, I used to skip meals just to finish my work before time – plus other personal/family issues and stress), my health suffered a lot. It started with fever, typhoid, and other illnesses. I was not able to work properly and had to take leave. I took almost 7 days leave when I was suffering from stomach pain, which turned out to be Gastritis, and then another 15 days leave in the next month when I was suffering from Typhoid. I was a little careless, and that is why I did not visit a doctor. One day, the situation became worse when I was in the office, and the next day, I went to see a doctor. Two days later, I was told that I am suffering from typhoid.

Now, as there are issues going on between my parents, and they are on the verge of divorce, I needed some time/leave to solve this family issue (we are victims of domestic violence). You know the kind of stress level one goes through in such a situation, and being the eldest one in the family, I had to take care of everything. So, I tried to approach my supervisor and told him part of my problem. My supervisor asked me to get in touch with my manager, which I did. I informed him a little about the issue. However, my manager did not understand how serious the matter is, and I was also not able to give details to him as I was not sure if I should really tell everything to my manager.

My manager suggested I do morning shifts instead of night shifts, but I was not in a situation to come to the office. Still, I checked if I could manage that. As I was not able to find a way, I finally informed my supervisor that I am going on leave and will be back in 10 days. However, he did not approve my leave and again asked me to get in touch with my manager. Due to going through so many things, I did not inform my manager.

When I came back and checked with my manager, he asked me to rejoin as a new employee as the separation was raised by that time. But I did not join the company because there was this ego issue that people who were my juniors in terms of tenure would now be my seniors. As I was a little busy with my family issues, I did not get time to collect my relieving letter. Finally, when I got time after 1 month, it said that I was absconding. I was in complete shock. When I checked with HR, she told me that it's not something bad; it just says that you did not inform your manager about your leave and so on. But you will get good feedback from us.

After 2 months, when I started looking for a job, organizations are not ready to hire me just because my relieving letter says I was absconding. I would request you to please guide me on how to tackle this issue and can I ask them to issue me a new relieving letter. Please help...

Based on your statement, "But as I was not able to find a way, so finally, I informed my Supervisor that I am going on leave and will be back in 10 days, but he did not approve my leave and again asked me to get in touch with my Manager. As I was going through so many things, I did not inform my Manager."

It is very evident that you did take leave without prior approval. In such a case, any employee is labeled 'absconding'. Any employee who does not turn up for work within 3 days and has not informed is considered 'absconding'. If your leaves were not approved, you should have convinced and made your Manager understand the situation. Since you have not taken this step, you will be considered 'absconding'. If HR asks you to rejoin, you may have to comply with it. Also, the letter says 'absconding'. No new organization would hire you as an experienced person.

Your situation is extremely serious. In such a scenario, you can either talk to your Manager again and explain with complete details. If your Manager understands your trouble, he would surely help you. He can also go ahead and direct the HR to allow you to join the same profile OR he may help you get a relieving letter that may help you for a new job.

Regards,

Hi Deepu, mate! What are you doing?! You were not only absconding once, you were absconding twice. I totally agree with Avani there; you are in a soup, and only your manager can help you.

Advice for Handling Absconding Situation

My advice would be:

- **Option A:** You know you are at fault. You also know you are capable and a performer. So, keep egos aside and get back to earning bread for your family in a job that you are completely familiar with.

- **Option B:** Look for alternate work options, ideally in semi-established companies that are not very stringent about release letters and experience letters. I know how the BPO industry works and hence am pretty sure that wouldn't be a problem. Ideally, since you haven't worked for almost 2-3 months, you can join an even competition and try to stake a claim at a senior profile. I know that isn't ethical, but you are not breaking any laws.

Cheers.

Regards,
AM

Termination and Natural Justice

As per the law of the land, if an employee is not present at work, the employer is bound to issue a notice or letter to the employee's last known address. Unless this is done, without considering and knowing the employee's version, their services cannot be terminated. It appears that in the present case, no such letter calling the employee has been sent. The principles of natural justice have been grossly violated by the company, and therefore, the termination is illegal. It is not easy for any company to terminate employment ex-parte by concluding that the employee is absconding.

Best regards,
Sameer Paranjape
Advocate (Labour Law Consultant)
Pune
[Phone Number Removed For Privacy Reasons]

Share knowledge ....... gain knowledge .......

Handling Absconding and Relieving Letters

Just because of absconding, there is no provision to issue a relieving letter directly. If you were a confirmed employee, the HR Department (Organization) has to follow a certain process before terminating or discharging:

- Issuing an advice letter to the absconding employee.
- Show-cause Letter
- Charge Sheet cum Show-cause letter
- Inquiry-1
- Inquiry-2
- Dismiss or Discharge Letter then
- Final Settlement

Advice:

1. You can request to issue a new service certificate along with modifications.
2. Explain the rules and regulations to the HR Dept., if they don't know.
3. You can file a case against the management regarding your relieving without any preventive notice or communication.

Note: Whether you were in Trainee or Probation, they need not follow the above rules.

Regards,
Reddi Tirupathi

In the case cited above, can you mention who was your direct reporting head? Supervisor or Manager? Why was it that the Supervisor directed you to the Manager for approval of leaves and understanding your problem?

If it was the Manager, were you not aware of that? Why did you communicate with the Supervisor every time instead of your Manager?

Agreeing with what Sameer Paranjape said, you can speak to your HR and Manager once again and explain the story at length (which you should have done at the time you wanted leaves). Things that remain unsaid, remain unheard. So, now go to your previous employer and speak about the problem with all the details if they can be of any help to you.

I did not abscond twice. My manager asked me to join as a new employee, and I told them that I needed time to think over if I really wanted to join as a new employee. That is not the only reason; I was not sure if I would be able to work properly as there were so many things going on with me and my mother. I did not join any other company for this very reason.

Now, I have given three interviews this week, and they all suggested I exclude those 18 months of experience.

Regards,

Yes, I made a mistake; I should have tried to convince my manager, but it was just because I did not know how. Discussing these kinds of matters with someone who does not belong to you, who is not your relative, is challenging. I have never been in such a situation earlier.

I was reporting to my Supervisor, and my supervisor was reporting to my manager. For any issues, we were supposed to get in touch with the supervisor, and if they were not able to resolve them, only then were we supposed to approach the manager.

My supervisor asked me to get in touch with my manager, saying he cannot approve any more leaves as there are already a few people on leave. I will get in touch with my manager and the HR head again to check what I can do about it. Thanks for your valuable suggestion.

Regards,

When I checked with HR, she told me that it's not something bad. It just indicates that you did not inform your manager about your leave and so on. However, you will receive good feedback from us.

It is surprising that you were unaware of the impact this could have on your career. Nevertheless, good luck to you in your next employment.

Hiral,

In many cases, employees, especially freshers, are clueless. Many organizations - including BPOs - do not provide all such information upfront. Even if they conduct an Induction program, employees are clueless about many such policies, which they learn with time. There are employees with over 1.5 years of experience who do not even understand words like 'absconding'... let alone the implications of it.

Hi Reddi and Deepu, I have worked with 6 BPOs, and I currently head the HR and Training of a BPO. Each BPO has its own policies and ways of hiring and firing. They may not necessarily follow such a process. I know of employees who have been labeled 'absconding' and then called to check whether they would rejoin. If the employee stated that he would not join, the HR sends a letter stating 'absconding' and terminates employment.

Regards,

Hi all, I really appreciate that you all took the time to share your views. It has helped me decide on my next move. I will approach my previous employer and try to convince them.

Regards,

They told you absconded, right? Check with the HR Department to see if they have sent any Notice of Absence Letter. If it has not been sent, then it is an issue with your Manager and the HR Department. However, in your case, you made a mistake by taking leave without informing. If you provided a medical certificate, they need to provide an explanation for you.

Regards,
Latha.J

I agree with many of the above suggestions. You should have actually spoken to your manager and helped him understand the situation and its intensity. At least, when your manager denied leaves, you should have checked with the concerned HR person. Always remember, HR can assist you with issues like this.

Legal Employment Status

Legally, you are still an employee of the organization, even though they have provided you with a relieving letter. Consult a legal advocate or someone you know for further guidance on this matter.

Even if everything is proven wrong and you are found guilty, pay the notice period charges and complete the relieving process. Remember, your career is more important than money.

I hope the above information helps you. Feel free to contact me at [Email Removed For Privacy Reasons] for any further assistance.

Regards,
Dikshit T G S
HR Professional
[Phone Number Removed For Privacy Reasons]

They cannot just terminate or separate you without proper notice and following an inquiry.

Regards,
Vinod Bidwaik

Hi Avani,

That is only one side of the story. I have seen many employees who are not interested during the induction after joining the company. They are just overwhelmed with the fact that they got the job and do not pay attention to the organization's policies.

Awareness is a two-sided process where both the giver and the taker play important roles. It can't always be spoon-fed, and we learn through our own experiences sooner or later.

Experience with BPO Policies on Absconding

I have worked with six BPOs and currently head the HR and Training department of a BPO. Each BPO has its own policies and methods for hiring and firing. They may not necessarily follow a uniform process. I know of employees who have been labeled as 'absconding' and then contacted to see if they would rejoin. If the employee stated that they would not rejoin, HR sends a letter stating 'absconding' and terminates employment.

In fact, if you have been following such a policy, it is dangerous. If an employee makes a complaint with the Government labor office or files a suit in the Labor court, the consequences could be severe. The Hon. High Court has given many decisions stating this kind of termination as illegal. The principle of natural justice should be observed to avoid legal consequences.

Regards,

Hi, I was working with a reputed BPO for the past 18 months, and everything was going well. I was performing well, and my managers were happy with my performance. However, all of a sudden, for some reason (maybe because of the unhygienic food provided in the organization or my bad eating habits – as at times, I used to skip meals just to finish my work before time – plus other personal/family issues and stress), my health suffered a lot. It started with fever, typhoid, and other illnesses. I was not able to work properly and had to take leave. I took almost 7 days of leave when I was suffering from stomach pain, which turned out to be Gastritis. Then, I took another 15 days of leave in the next month when I was suffering from Typhoid. I was a little careless, which is why I did not visit a doctor. One day, the situation became worse when I was in the office, and the next day, I went to see a doctor. Two days later, I was told that I was suffering from typhoid.

Now, as there are issues going on between my parents, and they are on the verge of divorce, I needed some time/leave to solve this family issue (we are victims of domestic violence). You know the kind of stress level one goes through in such a situation, and being the eldest one in the family, I had to take care of everything. I tried to approach my Supervisor and told him part of my problem. My supervisor asked me to get in touch with my manager, which I did, and informed him a little about the issue. My manager did not understand how serious the matter is, and I was also not able to give details to him as I was not sure if I should really tell everything to my manager.

My manager suggested I do morning shifts instead of night shifts, but I was not in a situation to come to the office. Still, I checked if I could manage that. As I was not able to find a way, I finally informed my Supervisor that I am going on leave and will be back in 10 days, but he did not approve my leave and again asked me to get in touch with my manager. Due to going through so many things, I did not inform my Manager.

When I came back and checked with my Manager, he asked me to rejoin as a new employee as the separation was raised by that time. However, I did not join the company due to an ego issue that people who were my juniors in terms of tenure will now be my seniors. Being busy with my family issues, I did not get time to collect my relieving letter, and when I finally got time after 1 month, it said that I was absconding. I was in complete shock. When I checked with HR, she told me that it's not something bad; it just says that I did not inform my manager about my leave and so on. But you will get good feedback from us.

After 2 months, when I started looking for a job, organizations are not ready to hire me just because my relieving letter says I was absconding. I would like to request you to guide me on how to tackle this issue and if I can ask them to issue me a new relieving letter.

Please help... You can send them a letter by Registered A.D. stating that you had explained the problem to the manager and he knows why you were on leave. You had not been given any chance to be heard, and hence the termination is illegal. If no output comes, then issue a legal notice. Make a complaint to the Labor Department. This will help you out.

Regards,