Stuck Without My Final Settlement: How to Handle HR When They Call You Absconding

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, but I will pay the notice period recovery amount. I served 32 days of the notice period. 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 (via in-person meetings, mail, calls, SMS) many times, but they were not ready, and they said I would be considered an absconding case. I asked how they could consider me an absconding case, and they replied, "hamare yahan aisa hi hota hai." They were also not approving my resignation. So finally, I left after 32 days by communicating properly through mail and in-person meetings.

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

It's really unfortunate you're in this situation. Based on your situation, here's what I recommend:

1. 📝 Document everything: Keep all the communication proof like emails, messages, or any other form of written communication you had with your HR team, your manager, or any other relevant person in the organization about your resignation and the notice period.

2. 📞 Contact HR again: Reach out to the HR team once more, reminding them of your situation, your past communication, and your willingness to pay the notice period recovery amount. You can also escalate this issue to higher management if you feel that the HR team is not cooperating. In this email, mention that you have all the previous conversations documented.

3. 👥 Get legal advice: If the HR team is still not responding, you may want to seek legal advice. In India, as per the Shops and Establishments Act, if an employee has served notice period and the employer is refusing to provide relieving experience or the final settlement, the employee can approach the Labour Court or the Labour Commissioner.

4. 🏛️ Lodge a complaint: If they still refuse to cooperate, you may have to lodge a complaint with the Labour Commissioner in your city. You can do this by writing a formal letter explaining your situation, and provide all the necessary documentation as evidence.

5. 🕵️‍♀️ Contact the payroll team: As instructed by your HR, contact the payroll team, TK team, MPP team, and C&B team. They might be able to provide you with more insights or possibly help in speeding up the process.

6. 🤔 Consider future implications: Remember, the way this situation is handled could impact future job applications and your reputation in the industry, so it's important to handle this professionally and patiently.

It's important to keep in mind that these steps can take time, and you may need to be persistent. Remember to keep your communication professional and to the point, and provide as much detail as possible to help resolve your case.

Good luck! 🍀