Facts:
Worked for more than 2.5 years in a leading BPO. Absconded only because of unfair treatment (needless to mention that the employee cannot fight the management who is too smart to play on such things). Got a job elsewhere. However, the relieving letter from the previous company is pending. The employee had paid all the dues as per the F&F letter. Instead of the relieving letter, which was promised during a call with HR, not even a service letter was issued. Instead, a letter stating the absconding was issued, due to which several other opportunities have been lost. So, obviously, it cannot be presented to any other company. However, there is a threat in the current company too.
Questions:
To abscond is definitely not the way to quit. However, is it such a big crime that he/she should not get a job elsewhere? If yes, for how long? Forever? Is there any alternative? What does Indian labor law say about it?
From India, Pune
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Worked for more than 2.5 years in a leading BPO. Absconded only because of unfair treatment (needless to mention that the employee cannot fight the management who is too smart to play on such things). Got a job elsewhere. However, the relieving letter from the previous company is pending. The employee had paid all the dues as per the F&F letter. Instead of the relieving letter, which was promised during a call with HR, not even a service letter was issued. Instead, a letter stating the absconding was issued, due to which several other opportunities have been lost. So, obviously, it cannot be presented to any other company. However, there is a threat in the current company too.
Questions:
To abscond is definitely not the way to quit. However, is it such a big crime that he/she should not get a job elsewhere? If yes, for how long? Forever? Is there any alternative? What does Indian labor law say about it?
From India, Pune
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It is not a big crime under labor law, but it is something irritating to an employer who invests a lot of money in an employee through training, pays the salary on time, enforces social security measures, and believes there would be a huge production loss due to a long gap in hiring a new person to replace a departed employee. When absconding, you might think that an employee is a free bird and can easily take up work wherever available, doing it until bored, then trying another field, and so on. However, you should also consider that employers can share feedback about an employee, and in that exercise, you do not have any control.
Case Law Example
There is a case, i.e., Vijay S Sathaye vs. Indian Airlines Ltd, in which the Supreme Court ruled that an employee can leave the job at any time. Many other case laws also support that employees can resign and leave, but the employer has to undergo legal formalities like issuing notice or paying notice pay, etc., if they wish to terminate the services of an employee. However, nothing will stop an employer from rating an employee when asked to do so by another employer where the absconded employee joins! You can argue that you should be paid wages on the 7th of every month, you can demand facilities like a restroom, lunchroom, etc., if they are not provided, and you can also demand to be relieved immediately. But you cannot require an employer to issue a service certificate that shows you were a good employee! You cannot say that he should not write "absconded" as the reason for leaving in the service letter or reference letter.
Employer's Rights
When labor laws are made to benefit employees, there is hardly anything that is meant to support the employer. Let him at least take this right, the right of rating his employees.
Regards,
Madhu.T.K
From India, Kannur
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4526Case Law Example
There is a case, i.e., Vijay S Sathaye vs. Indian Airlines Ltd, in which the Supreme Court ruled that an employee can leave the job at any time. Many other case laws also support that employees can resign and leave, but the employer has to undergo legal formalities like issuing notice or paying notice pay, etc., if they wish to terminate the services of an employee. However, nothing will stop an employer from rating an employee when asked to do so by another employer where the absconded employee joins! You can argue that you should be paid wages on the 7th of every month, you can demand facilities like a restroom, lunchroom, etc., if they are not provided, and you can also demand to be relieved immediately. But you cannot require an employer to issue a service certificate that shows you were a good employee! You cannot say that he should not write "absconded" as the reason for leaving in the service letter or reference letter.
Employer's Rights
When labor laws are made to benefit employees, there is hardly anything that is meant to support the employer. Let him at least take this right, the right of rating his employees.
Regards,
Madhu.T.K
From India, Kannur
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