How Should I Handle Being Marked as Absconding After Leaving Without Notice?

I am a Software Engineer. My question is regarding my previous organization, where I worked for 2 years. In the organization, there is a notice period of three months. When I tendered my resignation, I requested to serve a one-month notice period. However, they did not agree and asked me to serve the full three-month notice period. I then asked them to allow me to buy out two months' salary, but they did not agree. Consequently, I had to leave or abscond from the company after one month without my resignation being accepted.

There is a condition in the appointment letter to serve a three-month notice period or less upon the approval of the manager. However, as I mentioned, I did not serve the notice period. After a month or so, I received a letter from the organization at my permanent address stating that I would be marked as absconding if I did not return to service within 3 days of receiving the letter. On the other hand, I have email communications between myself and senior management as well as the HR Director.

- Did you formally submit your resignation? Do you have a copy of it?

- Clause in Appointment Letter
Does the clause mentioned in your appointment letter talk about salary in lieu of the notice period? Please specify the clause.

- Legal Implications of Resignation
If you have already formally resigned, your employers legally cannot issue you an absconding letter as your intent to leave the organization is specified via your resignation.

- Email Communications
What email communications are you referring to?

Notice Period Clause and Legal Viability

As far as the notice period clause is concerned, no terms and conditions should be one-sided. First of all, a three-month notice period is not viable as per the Indian Labour Act, and no one can force anyone to serve the entire three months' notice period.

Please go and read the terms and conditions for the notice period and write them here.

Regards,

Yes, you have to serve a 3-month notice period as the company requested. They might have planned some important assignments for you to complete. The buyout policy is based on the situation or project delivery. If you are on the bench, companies generally agree to a buyout. I suggest you go back to your previous company and serve an additional 2 months since you have already worked for 2 years. Don't spoil your relationship and career. The company has all the rights to send a legal notice to your new company if you don't complete the exit formalities.

Is there any condition in your Appointment Letter which indicates two ways to deal with the notice period?

1. Have to serve for 3 months.
2. Have to pay 3 months' salary.

If both ways are mentioned, the organization should not force you when you offered to serve for a month and pay for a couple of months. But, do you have any evidence that proves you made that offer?

Is there any point that proves you have absconded?

Remember, there is no law in India that forces an employee to work under an employer against their wish, so there is no need to worry.

Let me know, did you keep an acknowledged copy of your Resignation Letter?

Thanks for the reply, everyone! I have formally resigned and served a one-month notice, but I refused to serve the remaining two months as I have already lost too many offers due to this three-month notice compulsion.

Even after serving a month's notice, they have marked me as absconding, even after the Full and Final (FNF) Settlement. They adjusted my leave and other unclaimed allowances and did not even ask me to settle the FNF, so I did not have to pay anything.

Now, after asking them for an experience letter, they are saying that I am not eligible for an experience letter as I have been marked as absconded.

I have all the proof of my resignation and email communication in which I asked them to relieve me on a good note. I also have emails of proper handover done with proper documentation as well.

Before taking any legal action, I just wanted to know whether I am eligible for an experience letter. Secondly, can they really mark me as absconding even after FNF Settlement and a one-month notice?

Yes, you are eligible to avail an Experience Letter. It is a letter detailing the professional exposure of an employee during a particular period in a specific organization. It can also contain negative feedback about an employee. What they write about you may vary, but they must provide it first. As you mentioned, you have a copy of the resignation and emails, so they cannot prove you as absconded. Do not worry; you have sufficient means to defend your position, but remember, conflict is always detrimental as it affects both sides.

Please do not give wrong advice or what is not supported in law. Notice can be one-sided; the employee has to follow what they signed unless it was signed under duress. In this case, there is nothing one-sided. The terms are quite fair. There is no law in India preventing an employer from imposing a 3-month notice period. There is no compulsion to follow a 1-month notice period. Under the standing orders and most shop and establishment laws, if nothing is stated in the appointment letter or terms of employment, the notice period is assumed to be 1 month. In this case, since 3 months are stated, it is enforceable.

You have signed a letter that states you will serve a 3-month notice. Therefore, in law, you need to follow it. Since you have not worked for the entire notice period and have left without intimation and approval, you are an absconder. They can mark you as such. I am surprised that they have completed your F&F. Most probably, it was done to avoid putting the amount in the unpaid wages register and then depositing it with the labor welfare fund.

All your proofs are of no meaning as there is enough evidence that you left without proper notice. They can be forced to give you an employment certificate, but with the wording they will use, you will be hard-pressed to use it in future employment. They will state in your employment certificate that you worked for xyz months and then absconded without notice.

Furthermore, being a software company, if it is a member of Nasscom, they can put you on the blacklist at the National Skill Registry, which will hamper your future career at any of the large software companies.

Thanks for the reply, everyone!!

Resignation and Notice Period

1) I have formally resigned and served a 1-month notice but denied serving the remaining two months as I had already lost too many offers due to this 3-month notice compulsion.

2) Even after serving one month's notice, they have marked me as absconding even after the FNF Settlement. They have adjusted my leave and other unclaimed allowances and hence did not even ask me to settle the FNF, so I did not have to pay anything.

Experience Letter Eligibility

3) Now, after asking them for an experience letter, they are saying that I am not eligible for an experience letter as I have been marked as absconded.

4) I have all the proofs of my resignations and email communications in which I am asking to be relieved on a good note. I also have emails of a proper handover done with proper documentation as well.

Before taking any legal action, I just wanted to know whether I am eligible for an experience letter?

Secondly, can they really mark me as an absconder even after the FNF Settlement and a 1-month notice?

I agree, that is why I wanted to know the following, which I had mentioned in my first thread.

Appointment Letter Conditions

Is there any condition in your Appointment Letter that indicates two ways to deal with the notice period:
1. Have to serve for 3 months
2. Have to pay 3 months' salary

As far as the Appointment Letter is concerned, it should be based on the policies of Employment Law. There is no value in any Appointment Letter that cannot ethically bind an Employee. I know every organization has its own internal or administrative policy, but it should be in accordance with the law.

You can refer to many cases related to industrial and employment disputes, where the Employee was awarded, and the Employer penalized due to silly mistakes.

Please let me know if there is any update or feedback for my personal knowledge.

Regards