Absconding Considered Even After Giving Resignation

Respected Seniors,

I have an absconding issue. I got a job in a renowned BPO on campus and worked for 3 months. However, when I submitted the resignation, they did not accept it. The HR said that the process can't accept the resignation without any reason. I provided the reason for higher studies. The appointment letter stated that I could submit one month of salary in lieu of notice period. The HR mentioned that this was only possible for an early release, though nothing was specified in the appointment letter about early release. Hence, I left on the day I submitted my resignation. Despite being aware of my resignation, they still consider me absconding and plan to send me a termination letter.

My question is: will this three months of experience be counted when I, as an engineer, apply for engineering-based jobs? And will this termination affect my career?

I did not receive my salary as I left before the salary cycle, and they also did not provide me with the experience certificate for my pre-process training.

Please help.

Dear Friend,

Generally, these issues are to be dealt with utmost care. When you have worked for 3 months in this company, you are aware that a notice of one month for resignation is required to be given as per your appointment letter to the employer to get the acceptance of the same. Did you give your resignation in writing or orally? If given in writing by giving a notice of one month, your employer must accept the same without any protest. The only thing left for them is to make a decision in your case:

1. To accept your resignation and relieve you from duty on completion of the one-month notice.

2. To relieve you immediately on receipt of your resignation by waiving the notice period of one month or making a payment in lieu thereof, provided such a clause is there in your appointment order.

Under the given circumstances, keeping your resignation pending and giving you a termination letter is not justified on the part of the employer. On this ground, you can inquire with your HR department about the management's decision on your resignation. Such mistakes may occur due to a premature attitude or improper information passed to higher authorities by the HR department. My suggestion is that you should visit the HR department and settle the issue amicably.

Another point to consider is whether the management accepted your resignation letter or if they terminated your services on the grounds of unauthorized absence from duty. It does not make any difference, and the employer is supposed to make the final settlement of your account. You also have the right to obtain a service certificate from this employer. However, if you receive it against the will of the management, it may not be useful for you to secure a better offer elsewhere.

Regards

Dear Friend,

Under the given circumstances, you need not worry about your future employment. However, you should avoid mentioning your BPO experience, as it is considered irrelevant to your Engineering discipline when seeking better opportunities elsewhere.

Regards

I may be diverting from the query or topic of discussion, but one also needs to understand why HR folks behave or react in a certain way under similar circumstances.

Based on the limited details given by Sohini Ghosh in a query, I gather that: i) Only after 3 months of service, Sohoni decides to resign and wants to be relieved immediately. ii) Reveals the reason for resignation only after being insisted upon iii) reason for leaving higher studies iv) not willing to serve one month notice and stops attending duties, though not relieved.

Now, look at the casual attitude of Sohoni: Takes up the job, agrees to the terms of appointment and within three months resigns to pursue higher studies and also wants to be relieved immediately without serving the notice period. If higher studies were on his/her agenda, why did he/she take up employment in the first place? Can anybody be so casual about taking up and leaving a job so casually [Aao Jaao Ghar Tumhara].

Now, look at this from the employer and HR point of view: i) they have spent time, money, and sweat on recruiting ii) they have again spent time, money, and sweat on inducting and training a candidate to make him/her employable iii) barely when the candidate has become employable and may have started giving some return on salary and other costs incurred on the candidate, he/she decides to resign for a flimsy reason.

Employer and HR Dept. want to give a clear message to both those who have left as well as to those in service that, we take a lot of efforts, spend time and money on recruiting and training you, and you cannot just walk away giving some flimsy reason. Notice period is needed to be served to arrange for replacement, smooth handing over of responsibilities, and to offer uninterrupted and quality service to customers.

I feel under the circumstances, where an employee has submitted a resignation, he/she is not relieved and supposed to serve the notice period and is not attending the office is indeed an absconder and will have to face the music. In case he/she has a solid reason to resign and also expects a waiver of the notice period, then go and convince your employer and HR Dept. Thanks!

Great inputs from all the experts. I just have a thought on 'Absconding'. Absconding is initiated when an employer doesn't know the whereabouts of the employee, and the employee stops coming to work. In this case, the employee resigned and then stopped coming to work. The notice period clause, if I read it right, states either a notice period or salary in lieu of. Therefore, the organization needs to send a recovery notice for the damages and then relieve the employee post-recovery. In any case - It is NOT absconding.

Thanks,
Sakshi Sehgal
ER & Compliance Leader
Recipient of 40 under 40 Compliance Professional Award