I resigned from my old company on 5th January 2017, clearly stating my last working day as 15th January 2017 on both the webpage resignation and the hard copy of the resignation acceptance letter. I did not serve the full notice period and joined the new company on 1st February 2017. However, the company issued me an experience letter stating the last day of separation as 3rd February 2017. They have treated my resignation process as absconding from service based on this and issued me an absconding letter, but I have not received any communication from the company regarding this.
They are not ready to accept my last working day as 15th January 2017. However, before leaving the company, the exit process was completed, and my last working day as 15th January 2017 was approved by my reporting boss. There is no second approval required in the system for the exit.
My new company does not accept this letter and wants me to resign from the job. I have already sent emails to Senior HR, but no one has replied to my mail.
What should I do in this condition?
From India, Pune
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They are not ready to accept my last working day as 15th January 2017. However, before leaving the company, the exit process was completed, and my last working day as 15th January 2017 was approved by my reporting boss. There is no second approval required in the system for the exit.
My new company does not accept this letter and wants me to resign from the job. I have already sent emails to Senior HR, but no one has replied to my mail.
What should I do in this condition?
From India, Pune
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Notice Period and Absconding Issue
This is a typical case where you have not served the entire notice period and have not received a written acceptance of the last date of working. You, as an individual, have decided that the 15th would be your last working day, though it may be 20 days less than the notice period demanded. Also, if the same was not approved in writing that you would be relieved early, then that would be a problem. So, neither have you had leave sanctioned after the 15th, nor do you have written proof that the 15th was accepted as your last working day. Based on this, the company has given you the absconding letter.
If you have resigned and are not reporting, then what action do you want the company to take when you yourself are not going the legal way?
From India, Mumbai
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274This is a typical case where you have not served the entire notice period and have not received a written acceptance of the last date of working. You, as an individual, have decided that the 15th would be your last working day, though it may be 20 days less than the notice period demanded. Also, if the same was not approved in writing that you would be relieved early, then that would be a problem. So, neither have you had leave sanctioned after the 15th, nor do you have written proof that the 15th was accepted as your last working day. Based on this, the company has given you the absconding letter.
If you have resigned and are not reporting, then what action do you want the company to take when you yourself are not going the legal way?
From India, Mumbai
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Sir, I have a hard copy of my resignation letter, in which I clearly mention my last working day. I also mentioned on the resignation website that the same was approved and accepted by my immediate reporting boss. There is no second approval option in the system.
However, the company does not consider my last working day as the 15th. In this case, can I file a legal case against the company?
From India, Pune
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However, the company does not consider my last working day as the 15th. In this case, can I file a legal case against the company?
From India, Pune
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In every appointment letter, there is an exit clause for the employee as well as the employer, which states to serve the notice period or pay in lieu of the notice period not served. The employer here is behaving in a nasty manner, which is uncalled for and undesirable.
If you wish to fight it, then you need to seek legal help as the employer is at fault here (I do not say that you are not at fault; you are at fault as you have not served the full notice period).
From India, Thane
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If you wish to fight it, then you need to seek legal help as the employer is at fault here (I do not say that you are not at fault; you are at fault as you have not served the full notice period).
From India, Thane
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