Facing Absconder Charges After Resignation: How to Handle Unfair Notice Period Demands?

I worked for one of India's biggest engineering and construction companies for close to 3 and a half years. I got a better opportunity abroad and decided to quit. I put in my resignation giving 40 days' notice instead of the required 90 days. My resignation was accepted by my manager and forwarded to HR. Two to three days before my requested release date, I went to HR and requested clearance forms. He strictly refused, saying I needed to complete a 90-day notice period. I requested him to release me and offered to pay him a salary for the balance of 50 days, but he didn't budge. As my visa was nearing expiration, on the 40th day, I dropped him an email saying I am quitting and won't be coming to work. I handed him my gate pass and left the premises after completing 40 days. I joined my new company.

After a week, he sent me an ABSCONDING notice. A few weeks passed by, I emailed him for my full and final settlement. He emailed me back saying I am an Absconder and I need to pay 90 days' notice pay and will not get any experience or relieving letter. My question is: How can I be termed Absconder when I already informed him of my decision to quit and served 40 days' notice post my resignation? He refused to pay against 50 days' notice and now wants me to pay for 90 days. He said I may get an experience letter stating the reason as Absconder (which will serve no purpose to me). What shall I do in this situation?

PS: All the resignation formalities are through the company's in-house computer system.

In this scenario, it's crucial to understand the legal aspects and your rights as an employee. Here are steps you can take to address the situation:

Review Your Employment Contract and Company Policies
- Check your employment contract and company policies regarding notice periods, absconding, and termination procedures to understand your rights and obligations.

Consult with a Legal Advisor
- Seek advice from a legal advisor specializing in labor laws to assess the situation and determine the best course of action.

Communicate with HR in Writing
- Write a formal letter to HR explaining your perspective, attaching evidence of your resignation acceptance and communication regarding the notice period.

Negotiate an Amicable Solution
- Try to negotiate with HR for a mutually agreeable solution, highlighting your willingness to pay for the notice period served and requesting a fair settlement.

File a Complaint
- If HR continues to label you as an absconder unjustly, consider filing a complaint with relevant labor authorities or seeking legal recourse to protect your rights.

Maintain Professionalism
- Throughout the process, maintain professionalism in your interactions with the company to safeguard your reputation and future job prospects.

Seek Support from Employee Associations
- If applicable, seek support from employee associations or unions to advocate for your rights and assist in resolving the dispute.

Document Everything
- Keep records of all communications, emails, and documentation related to your resignation, notice period, and subsequent interactions with the company for future reference.

Handling this situation with a clear understanding of your rights and a strategic approach can help you navigate the challenges and reach a resolution that is fair and satisfactory.