• Question regarding absconding

Hi,

I have provided my resignation in email and through the company system. But I did not serve the notice period of 2 months. The company has now marked me as absconding/job abandonment, can some action be taken against this to make it - "resigned/did not serve notice period" and get my experience and relieving letter and final settlement.
Asked 1 year ago in Labour from Indore, Madhya Pradesh
It depends totally on your terms of employment and/or offer letter and/or appointment letter. If there is a provision for damages then they might take action. however you can defend yourself if you can show legitimate reasons.
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Is this the entire thing?  was there any other separate terms of employment?

If not then under this they can only do as much as is said. They can stop your relieving letter. They can decide over your settlement of sues(subject to challenge) and they can ensue disciplary proceedings according to the disciplinary procedures that are provided for in the Offer letter and/or terms of employment and/or appointment letter.
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
1. what was the terms mentioned in your employment agreement/offer letter about resignation,

2. Normally a 1 to 3 months notice period and surrender/refund of salary in lieu thereof is mentioned,

3. If you have not served notice for the stated period, then you can pay/refund salary for the said period, if it is so mentioned in your employment agreement/offer letter,

4. Try to settle the matter amicably with your employer.  
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
1. The terms are clear that you shall have to serve notice for 2 months otherwise the Company will not issue release letter and may also stop paying your dues,

2. Where has the Company marked you as absconding/job abandonment?

3. You can agitate that you have not absconded but how will it help you if the Company refuses to issue you the release letter as has been mentioned in the Agreement?

4. As per the Agreement, the Company will refuse to issue you the release order and  may refuse to pay you your dues,

5. It will be prudent to settle the matter with the employer amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0

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