Absconding employee of IOCL
I was working for Indian Oil Corporation Ltd. as a Telecom and Instrumentation engineer for around 3.5 years. Before beginning i signed a contract for 3 years. Out of 3.5 years of my service period I was posted as an Engineer Trainee at Panipat for 1 year and Telecom and Instrumentation Engineer for 2.5 years.
As per the corporation rules I have to give 1 month notice period before resigning but due to unfortunate circumstances i had to leave the job, I submitted my resignation by E-mail (Oct 2014) but they did not approved my resignation asking me to submit resignation in person.
Now its been 2 years and i received a legal notice from CHRM of IOCL in Jan-2016 asking me to submit resignation in person before Feb,27 2016. I was unable to attend that deadline. Now, they filed charge-sheet against me as per misconduct CDA rule 1980.
right now i am out of the country and it is not possible for me to submit my resignation in person in any condition.
My concerns are:
1. what legal charges they can file against me as per misconduct CDA rule 1980?
2. Is it possible that somehow i can submit my resignation through lawyer?
I would like to hire lawyer who can help me get out of this situation without me coming back to india as soon as possible.
Asked in Labour from United States
You should have replied to legal notice through a lawyer. I have dealt with similar matter of IOCL. All you need is a proper legal representation. Contact a lawyer with chronological details of your matter.
1) you have not reproduced contents of charge sheet
2) CDA rules 1980 of IOC are not available online
3)Absence from the employee’s appointed place of work without permission or
sufficient cause. amounts to misconduct
4) since charge sheet has been issued to you reply has to be submitted by you within period mentioned in charge sheet
5)The disciplinary authority after conducting inquiry shall, record its finding on each such charge after taking such evidence as it may think fit.
6) company may dismiss you from service
7) you cannot submit resignation through lawyer
1. On receipt of the legal notice from the CHRM of IOCL after two years of your resigning through email, did you reply to him stating that you are not in a position to apppear in person and has already submitted your resignation validly through email? If yes, then send a letter again as a reply to tye charge sheet stressing that you have already resigned validly through email which has been received by the Company and has not yet been rejected implying that it has been accepted. So, you are no more an employer of the company and no charge sheet can be issued on you for your misconduct,
2. You should have send your resignation by post also keeping record of the Company's receiving it. However, you now have the stand that sending resignation through email is legal and there is no legal requirement to personally appear for submitting resignation.
1. You ought to have sent your resignation through a registered post if you could not appear personally to tender it. You can be sued through a lawsuit for damages on account of breach of contract. This is in addition to the disciplinary proceedings which have been initiated against you.
2. Engage a lawyer to reply to the charges filed against you.