How to Handle an Employer Wrongly Marking Absconding on a Service Certificate?

Hi Team, My wife sent a resignation email to HR and her employer, informing them that she could not serve the notice period. She left the organization at the end of the day. Following that, there was no communication from HR—no show-cause letter, termination letter, or any other notice sent to her address or email. Additionally, they did not ask her to buy out the notice period.

After a few months, she requested a service certificate, which they provided. However, it was mentioned on the certificate that she had absconded. We have clarified to them that this is not a case of absconding. We are willing to pay two months' salary as per the company's rules and code of conduct if required. Despite this offer, they are not responding and are ignoring our communication.

Thanks!

Absconding Case Clarification

This is a clear case of absconding. Your wife may have submitted her resignation, but did she read the appointment clause or the model standing order applicable to the company? Merely submitting a resignation does not signify that the formalities have been completed. A proper handover of assigned tasks, knowledge transfer, and document transfer all need to be executed in a planned manner. Just because she had an issue or wanted to join another organization does not justify submitting her resignation and designating her last day for the same day.

She did not have a discussion with her boss and HR; she simply sent an email stating, "I am resigning from my position, and today is my last day," which clearly indicates a careless attitude towards the company's rules and regulations. The company and the HR department are justified in providing the service certificate with absconding as the reason for departure.

Regards,
Ashutosh Thakre

Thank you for your valuable reply. I would like to bring to your notice that after she resigned and left the organization, there was no follow-up from HR stating that we had not accepted her resignation and she must report back within 4 days or a week. They did not send any notice letter, show cause letter, or termination letter from their side. Therefore, I felt that the company also did not follow the process to the end, potentially leading to her being marked as absconding. I believe it is also the company's responsibility to notify and follow up with the employee about the process.

Please correct me if I am wrong.

Thank you for your insights into how the company has encountered a procedural error. Have you considered your role in allowing this situation to persist for an extended period until you required the documents and then approached the company?

The company issued a letter of absconding because you failed to report to work without obtaining prior approval. They have refrained from terminating your employment as no formal notices, such as a show cause letter or termination letter, have been issued.

If you believe that your actions were in compliance with company policies and the employment agreement, why not seek resolution through the labor court?

If you assert that it is the company's duty to provide notification, have you allowed the company sufficient time to clarify matters from your end as an employee? Merely sending an email stating "I will not be coming from tomorrow" does not suffice. Consequently, the company did not respond, as they had not sanctioned your resignation. Therefore, your status was treated as absconding since you did not follow up or seek further information on the process.

It is essential to acknowledge your own accountability in this situation. The company's response mirrors the approach you initially took.

Best regards,
Ashutosh Thakre

I completely agree with you, Ashutosh, as from both sides, there was no communication and follow-up. That's why we came to the point where we are ready to pay two months' salary as per their rules and code of conduct. I am not getting why they are ignoring it. It's not just employee mistakes; the employer also made a mistake here. They should have to give us a clear relieving letter, right?

Company Policy on Notice Pay

The rules and conduct of any company will read as "the notice pay can be paid or waived off at the discretion of the management." Therefore, a dialogue is very important. The company can choose to deny the buyout clause, stating that the person's knowledge is more important than the money. So, especially when exiting the organization, a dialogue and not only an email is more important.

Absconding Experience Certificate

My view is still the same; the company has not done anything wrong in giving the absconding experience certificate, as the employee has chosen to walk away with just an email and no dialogue. The company or HR does not have to call you about your resignation, as the employee is unavailable in the office for any healthy dialogue. So, getting a clear relieving letter is almost impossible.

Regards,
Ashutosh Thakre

Frankly, both you and your wife mishandled the situation, which could have been managed more smoothly. Such situations are common and regular for any employee or employer.

Though you haven't mentioned the reasons why your wife quit so abruptly and unprofessionally, my guess is that she must have had a serious argument and decided to quit in a huff. The fact that the company didn't bother to contact your wife suggests that they might have thought, "good riddance."

Like Ashutosh Thakre mentioned, you wouldn't have offered to pay two months' salary if you didn't need the relieving documents. You wouldn't like to follow the rules of the game but expect the company to adhere to them.

The only way you can get the proper documents, as far as I can see, is for your wife to go and request them—this may require multiple efforts. Depending on the unsaid facts of the case, it's up to both of you to decide the scale, tone, and tenor of such a request, if you choose to pursue it.

Regards,
TS

While the time for a dialogue has passed, the employee needs to seek an appointment and go through repeated dialogues if needed. The employer is clearly on a stronger footing in this case, as the employer normally has deeper pockets, time, and the ability to sustain litigation. Learned member Ashutosh has clearly and concisely brought out both sides of the transaction. Now, only a request and humble approach can resolve the issue and get the word "absconding" deleted.