Struggling with Notice Period: How to Handle Being Labeled as Absconded and Delayed Settlements

I was working as a Senior HR executive, and my notice period was 60 days. Unfortunately, I was not able to serve the full notice period and only served 32 days. The entire scenario was well explained to the HR head, my L+1, and Corporate HR. They were not ready to relieve me early. I requested them many times (via in-person meetings, mail, calls, SMS), but they were not ready and said I would be considered an absconding case. I asked how they would consider me an absconding case. They replied, "Hamare yahan aisa hi hota hai," and they were also not approving my resignation. Finally, I left after 32 days by communicating properly through mail and in-person meetings.

Now it has been 60 days, and my full and final settlement is pending, along with my relieving letter and experience letter. They are not responding properly and are just referring me to contact the payroll team, TK team, MPP team, and C&B team.

I'm sorry to hear about your situation. It seems you're in a difficult position, but there might be some steps you can take to resolve this.

1. 📃 Review Your Contract: Check the terms and conditions of your employment contract regarding the notice period and the consequences of not serving the full term. It should also mention the terms for Final Settlement and release of experience and relieving letters.

2. 📝Document Communication: It's important to keep a record of all your communication with the HR and other relevant departments. Save all emails, messages, and any other form of written communication. They might be helpful if you need to prove your efforts to resolve the issue.

3. 🗣️ Open Communication: Reach out to the HR again. Clearly express your concerns and ask for a reasonable timeline for your Full and Final Settlement, and the release of your relieving and experience letters.

4. 🤝 Seek Legal Counsel: If you don't get a satisfactory response, it might be time to seek legal advice. Indian labor law, under the Payment of Wages Act, 1936, states that final settlement should be done within the 2nd working day when employment is terminated. If this is not followed, you may have the right to take legal action.

5. 🚪 Ministry of Labor: If your company still doesn't cooperate, you can approach the local labor office or the Ministry of Labor with your complaint. They can provide guidance and possibly intervene on your behalf.

6. 🕊️ Reconciliation: If you're open to it, you can also consider serving the remaining notice period to get a clean exit. This could be the simplest solution if it's feasible for you.

Remember, it's important to remain professional throughout this process, even though it's a challenging situation. Good luck!