• Company is issuing absconding and termination letter

Dear Sir, 

I have joined a reputed university in noida in Nov 12 and left the job with 10 days notice 31 July 2016. The notice period in offer letter is 3 months, but I have asked him buy out notice period and ready to pay compensation. But company is rigid to issue absconding and termination letter. I have sent them several mails but they are not responding on that and they had hold my salary also. Kindly suggest on the same.
Asked 11 months ago in Labour from Greater Noida, Uttar Pradesh
it is at the discretion of management to accept notice pay  in lieu of 3 months notice period 

2) since you have failed to serve the notice period company can terminate your services as absconder 
Ajay Sethi
Advocate, Mumbai
31093 Answers
1705 Consultations

5.0 on 5.0

1) offer to rejoin the company and serve the 3 months notice period 

2) request company not to declare you as absconder and terminate your services as it would be a blot on your career 

3) merely because company has relived some employees without notice period does not mean that same yard stick would be applied in all cases . 

4) terms of contract are sacrosanct 
Ajay Sethi
Advocate, Mumbai
31093 Answers
1705 Consultations

5.0 on 5.0

1. The company cannot be compelled to buy out the notice period unless there is a clause in the contract which mandates that the employee may either serve the notice period or buy it. If the company decides to reject to resignation then it can sue you for damages on account of breach of contract. 

2. The company may in its discretion accept the resignation of any employee, and reject the one tendered by another employee placed similarly.
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

 have joined a reputed university in noida in Nov 12 and left the job with 10 days notice 31 July 2016. The notice period in offer letter is 3 months, but I have asked him buy out notice period and ready to pay compensation. But company is rigid to issue absconding and termination letter. I have sent them several mails but they are not responding on that and they had hold my salary also. Kindly suggest on the same.

Many people like you are doing the same mistake of sending the resignation through email and also the reminders through email.

You should have sent the resignation in writing by either personally handing it over r by sending it by registered post with acknowledgment.

This would certainly get an immediate response.

Well what is the employment offer letter conditions says about the the condition to resign the job?

If there is a clause to buy out the notice period, you may mention the clause and send a notice in writing demanding to relieve you by intimating the amount to be paid by you for buying this notice period.

In the same notice of communication you may demand the settlement, experience letter along with relieving letter.

you can follow it by initiating legal action after sending this legal notice.
 
T Kalaiselvan
Advocate, Vellore
21221 Answers
208 Consultations

5.0 on 5.0

1. The correct procedure is to resign and send amount equivalent to the salary of the notice period in lieu of the notice period,

2. You can send them the said amount and claim to be released from your service,

3. However, since you have gone for further studies and worked there for only 10 days, there not issuing you release letter will not affect you at all in your getting fresh appointment after your study is over.
Krishna Kishore Ganguly
Advocate, Kolkata
14448 Answers
328 Consultations

5.0 on 5.0

1. It is not compensation. It is the amount of salary in lieu of the notice period which you are not providing to the Company,

2. As clarified above, your not getting release letter will not affect you at all.
Krishna Kishore Ganguly
Advocate, Kolkata
14448 Answers
328 Consultations

5.0 on 5.0

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