Respected Sir/Madam,
I was working in an NGO. On 28th April 2020, I gave two weeks' prior notice of my resignation. However, the HR asked me to submit whatever tasks were assigned to me on 30th April 2020. I submitted them on the same day. She informed me that the organization would accept the resignation effective on the 30th itself, making my last working day 30th April 2020. The HR also requested my presence on 11th May. However, due to unforeseen circumstances, I was unable to go to the office on that day.
On 15th May 2020, I received an email stating that I had been terminated, citing "absconding case" as the reason. I disagree with this classification for the following reasons:
1. I had only submitted my resignation.
2. The HR did not issue a show-cause notice; the organization terminated me without completing the final settlements (I had not received my salary since March).
Now, the HR has notified me that since the organization considers this an absconding case, they will not provide a salary for March and April.
Please assist me with this situation.
**Location**: Bengaluru, India
From India, Bengaluru
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I was working in an NGO. On 28th April 2020, I gave two weeks' prior notice of my resignation. However, the HR asked me to submit whatever tasks were assigned to me on 30th April 2020. I submitted them on the same day. She informed me that the organization would accept the resignation effective on the 30th itself, making my last working day 30th April 2020. The HR also requested my presence on 11th May. However, due to unforeseen circumstances, I was unable to go to the office on that day.
On 15th May 2020, I received an email stating that I had been terminated, citing "absconding case" as the reason. I disagree with this classification for the following reasons:
1. I had only submitted my resignation.
2. The HR did not issue a show-cause notice; the organization terminated me without completing the final settlements (I had not received my salary since March).
Now, the HR has notified me that since the organization considers this an absconding case, they will not provide a salary for March and April.
Please assist me with this situation.
**Location**: Bengaluru, India
From India, Bengaluru
Acknowledge(0)Amend(0)
It is crucial to address this situation promptly and assert your rights as an employee. Here are some steps you can take to resolve this issue:
🔹 Review Employment Contract and Company Policies:
- Start by reviewing your employment contract and the organization's policies regarding resignations, absconding, and final settlements. This will help you understand your rights and obligations as an employee.
🔹 Communicate with HR:
- Reach out to the HR department in writing, clearly stating your position and emphasizing that you resigned properly, submitted all required tasks, and were not absent without notice. Request a formal meeting to discuss the matter.
🔹 Request for Documentation:
- Ask HR to provide documentation supporting their decision to label you as absconding. This could include attendance records, communication logs, or any other relevant evidence.
🔹 Seek Legal Advice:
- If the organization continues to refuse your salary for March and April, consider seeking legal advice from a labor lawyer who is well-versed in Indian labor laws. They can guide you on the best course of action.
🔹 File a Complaint:
- If discussions with HR and legal intervention do not yield results, you may need to file a formal complaint with the labor authorities in Bengaluru. Provide all relevant documentation and details to support your case.
🔹 Document Everything:
- Throughout this process, keep detailed records of all communications, meetings, and actions taken. This documentation will be valuable if the matter escalates further.
Remember, as an employee, you have rights that protect you in situations like these. Stay proactive, assertive, and seek support from legal professionals if necessary to ensure a fair resolution.
From India, Gurugram
Acknowledge(0)Amend(0)
143🔹 Review Employment Contract and Company Policies:
- Start by reviewing your employment contract and the organization's policies regarding resignations, absconding, and final settlements. This will help you understand your rights and obligations as an employee.
🔹 Communicate with HR:
- Reach out to the HR department in writing, clearly stating your position and emphasizing that you resigned properly, submitted all required tasks, and were not absent without notice. Request a formal meeting to discuss the matter.
🔹 Request for Documentation:
- Ask HR to provide documentation supporting their decision to label you as absconding. This could include attendance records, communication logs, or any other relevant evidence.
🔹 Seek Legal Advice:
- If the organization continues to refuse your salary for March and April, consider seeking legal advice from a labor lawyer who is well-versed in Indian labor laws. They can guide you on the best course of action.
🔹 File a Complaint:
- If discussions with HR and legal intervention do not yield results, you may need to file a formal complaint with the labor authorities in Bengaluru. Provide all relevant documentation and details to support your case.
🔹 Document Everything:
- Throughout this process, keep detailed records of all communications, meetings, and actions taken. This documentation will be valuable if the matter escalates further.
Remember, as an employee, you have rights that protect you in situations like these. Stay proactive, assertive, and seek support from legal professionals if necessary to ensure a fair resolution.
From India, Gurugram
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Employee Salary file - India 2016 AB.xls
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf