How Can I Resolve Being Marked as Absconding for Not Completing My Notice Period?

Hi all, I resigned from the company, and they required a 30-day notice period. However, I only completed 18 days and wrote an email stating my last working day. Subsequently, the HR department called me and requested that I return the company accessories. I complied with this request, but when I inquired about an experience letter, the HR informed me that I was considered absconding, and they would not provide the letter. They advised me to contact the Managing Director (MD), who reiterated the same stance and asked me to leave, stating that they would consider me absconding.

I have attempted to reach out to the MD through apology emails, but there has been no response. Is there any provision to change this status? Due to this situation, my career prospects have been negatively impacted, and I fear I may face challenges in joining a larger IT company as they conduct background verification checks.

Can anyone offer assistance? Your help would be greatly appreciated. Thank you. 

Clarification Needed on Employment Status

It is not clear to me whether the poster had actually left the company just after completing the 18-day notice period or is still in service, and the management arbitrarily treats him as an absconder without formally relieving him. Why didn't the poster try to buy out the remaining 12 days of the notice period? Knowing well that the notice period is 30 days, how did the poster demand early relief? Rules are meant to be followed and not flouted as per one's convenience.

Management's Treatment of Resignation

It is also unclear how the management proposes to treat him as an absconder when they have received the resignation. They could have simply rejected the resignation or accepted it subject to his compliance with the notice clause. More explanatory inputs are required from the poster.

You should have served the proper notice period after submitting the resignation. What compelled you to not serve the notice period after 18 days is not clear or certain. When an employee fails to report to the office (before or after resignation), HR has to follow the disciplinary process to close the file, and hence they cannot orally communicate that you are an absconder. Probably, they might be serving a warning or termination letter to you. Before that, you can call your HR and go to the office directly to request that you will pay for the balance notice period. If they accept, pay the money and get properly relieved.

Always don't leave the office without any information or completing the notice period assignment.

It is really not clear whether you have left the company or are still working with them. I hope you have clearly mentioned the last working day in your resignation email. If they have accepted your resignation email in which you have clearly mentioned the last working day (i.e., you will serve an 18-day notice period), they have to give you the clearance as per company guidelines. You can follow up on the same email with your company HR.

Here in your case, it looks like either at the time of resignation, you have not mentioned the exact last working day, or maybe they have not accepted your resignation in writing and you have left the company. It all depends on the notice period clause of your appointment letter. If, as per your appointment letter, one has to serve a 30-day notice period, then do they allow you to adjust your earned leave (EL) against it, or can you pay for the less served notice period? But all things have to be clear and accepted in writing at the time of resignation acceptance so that you can share the scenario with your new HR. You cannot randomly leave the company.

Warm Regards,
Kiran

I have left the company on my 18th day. When I wrote an email to HR for resignation and mentioned the last working day, the reply from HR was that my resignation was accepted, and I must complete the 30-day notice period. I then requested them to minimize my notice and adjust my leaves against the notice, but they mentioned there is no policy for leave adjustment. I requested again to take my handover by the 18th day as I cannot continue after that. They called me to come to campus and submit accessories, but after submission, they accused me of absconding and asked me to leave, claiming they forgot about me and have no relation with me.

After that, I sent apology emails, messages, and made calls 2-3 times, but received no response. My concern is that I have joined an MNC, and they might check my background and receive wrong feedback, leading to termination again. How can I remove these stains from my career and clean my record?

Discussing Notice Period with New HR

When your HR informs you that you have to serve a 30-day notice period, you should discuss it with your new HR. If you have any emails you sent to your HR/Boss regarding the completion of your handover process, you can discuss the same with your new HR before any background verification, as there are possibilities that they would understand.

Importance of Timely Communication

Right communication at the right time helps, so I would suggest communicating honestly about all the details before they are known from other sources.

Now all things are done, including termination from the new company. I want to know if there is any process where the BGV will not fail again or any agency where I can correct my data on NASSCOM or NSR website because it is very critical and it can create issues again.

There is no hard and fast rule that one is bound to complete the notice period. Almost all appointment letters contain terms such as "X days of notice or payment in lieu of notice." Employees cannot decide to be absent at their discretion.

Consult a lawyer with your appointment letter, resignation letter, and any other communication you have had with your employer. You can either send a notice or file a case in civil court under the name MD.

Thank you, sir! I know this can be filed in court, but as you know, it is not simple to fight as an employee. If you have any references for settling with the employer, please let me know. I need someone with the right personality who can talk with them and settle it. It was my fault that I did not complete the notice and submit the accessories, and they smartly took advantage of that. If I keep the accessories, they are willing to release my experience letter as a small company. Anyway, I am still thinking about how I can obtain the letter from them.

Hi,

There is no clarity on the submission of the resignation letter and its acceptance. You should have spoken to HR regarding the acceptance of the resignation letter and buying out the partial notice period. The Company, it seems, did not accept the resignation and hence the "Absconding" status. However, this is entirely wrong on their part.