Hi Team,
My Wife has sent resignation email to the HR and Employer and she informed them that she can not serve the notice period. And she left the organization at the end of the day. After that there was no communication from HR, no show cause letter , no termination letter, no other notice letter on her address or on email id. Also they did not asked to buy out the notice period. now after few months she went and asked for the service certificate they have provided the same also but they mentioned on it as Absconding.
Now we have told them that this is not absconding case and if you want we are ready to pay two months salary as per their company\'s rule and code of conduct. But they are not replying on it and ignoring it.
Thanks !
From United States, Chicago
My Wife has sent resignation email to the HR and Employer and she informed them that she can not serve the notice period. And she left the organization at the end of the day. After that there was no communication from HR, no show cause letter , no termination letter, no other notice letter on her address or on email id. Also they did not asked to buy out the notice period. now after few months she went and asked for the service certificate they have provided the same also but they mentioned on it as Absconding.
Now we have told them that this is not absconding case and if you want we are ready to pay two months salary as per their company\'s rule and code of conduct. But they are not replying on it and ignoring it.
Thanks !
From United States, Chicago
Dear Vijayanand,
This is a clear case of absconding. Your wife may have put up her resignation, but did she read the appointment clause or the model standing order applicable to the company.
Merely putting up a resignation, does not mean that the formalities have been completed. A proper handover of your assigned tasks, the knowledge transfer, the document transfer all have to be done in a planned manner. Just becasue she had a problem or she wanted to join another organisation, does not mean that she can put her resignation and make her last day on that day itself.
She did not discuss with her Boss and HR, just put a mail, that i am resigning from my post and today is my last day, makes it a clear case of callous behaviour towards the company rules and regulations.
The company and the HR is right in providing the service certificate with absconding as the reason for leaving.
Regards,
Ashutosh Thakre
From India, Mumbai
273This is a clear case of absconding. Your wife may have put up her resignation, but did she read the appointment clause or the model standing order applicable to the company.
Merely putting up a resignation, does not mean that the formalities have been completed. A proper handover of your assigned tasks, the knowledge transfer, the document transfer all have to be done in a planned manner. Just becasue she had a problem or she wanted to join another organisation, does not mean that she can put her resignation and make her last day on that day itself.
She did not discuss with her Boss and HR, just put a mail, that i am resigning from my post and today is my last day, makes it a clear case of callous behaviour towards the company rules and regulations.
The company and the HR is right in providing the service certificate with absconding as the reason for leaving.
Regards,
Ashutosh Thakre
From India, Mumbai
Hi Ashutosh,
Thank you for valuable reply.
I would like to bring in your notice that after she resigned and left the organization there was no follow up from HR saying that we have not accepted your resignation and you must have to report back within 4 days or week so. They did not sent any notice letter ,show cause letter,Termination letter from their side.
So somewhere I felt that company also , have not followed up the process to the end in order to become it as absconding. I feel it is company responsibility also to notify and follow up the employee about the process.
Pls correct me if I am wrong.
From United States, Chicago
Thank you for valuable reply.
I would like to bring in your notice that after she resigned and left the organization there was no follow up from HR saying that we have not accepted your resignation and you must have to report back within 4 days or week so. They did not sent any notice letter ,show cause letter,Termination letter from their side.
So somewhere I felt that company also , have not followed up the process to the end in order to become it as absconding. I feel it is company responsibility also to notify and follow up the employee about the process.
Pls correct me if I am wrong.
From United States, Chicago
Thanks for your knowledge on how the company has made a process fault.... By any chance have you considered how you have also let it go for a long time and then as you need the documents, have approached the company.
The company has given the letter of absconding as you have not reported to work with out the approval of the company. They have not terminated her as the notice letter, show cause letter has not been issued.
If you still feel that you have done what was lawful and as per the company and employee agreement, then why don't you approach the labour court with this matter?
As you feel it is company's responsibility to notify, have you as a employee given the time for the company to clarify... You just left with sending a mail i am not coming from tomorrow... So the company also did not respond as they had not approved the resignation. So they treated you as absconding, as the employee also did not follow up or enquire about the further process.
Hope you agree that you are also to be blamed and the company has just given you back in the same coin as you have given to the company.
Regards,
Ashutosh Thakre
From India, Mumbai
The company has given the letter of absconding as you have not reported to work with out the approval of the company. They have not terminated her as the notice letter, show cause letter has not been issued.
If you still feel that you have done what was lawful and as per the company and employee agreement, then why don't you approach the labour court with this matter?
As you feel it is company's responsibility to notify, have you as a employee given the time for the company to clarify... You just left with sending a mail i am not coming from tomorrow... So the company also did not respond as they had not approved the resignation. So they treated you as absconding, as the employee also did not follow up or enquire about the further process.
Hope you agree that you are also to be blamed and the company has just given you back in the same coin as you have given to the company.
Regards,
Ashutosh Thakre
From India, Mumbai
I completely agree with you Ashutosh as from both side there was no communication n follow up. And that's why we came to the point that we are ready to pay two months salary As per their rule n code of conduct. I am not getting why they are ignoring it .. like its employee mistakes, same employer also did the mistake here. They should have to give us Clear Relieving Letter r8?
From United States, Chicago
From United States, Chicago
The Rules and conducts of any company will read as " the notice pay can be paid or waived off on discretion of the management".
Therefore a dialouge is very important. The company can choose to deny the buy out clause, stating that the person's knowledge is more important thant the money. So especially while existing the organisation, a dialouge and not only a mail is more important.
My view is still the same, the company has not done any woring in giving the absconding experience certificate, as the employee has choosen to walk away with just a email and no dialouge. The company or HR does not have to call you on your resignation, as the employee is unavailable in the office for any healthy dialouge.
So, getting a clear relieving letter is an almost impossiability,
Regards,
Ashutosh Thakre
From India, Mumbai
Therefore a dialouge is very important. The company can choose to deny the buy out clause, stating that the person's knowledge is more important thant the money. So especially while existing the organisation, a dialouge and not only a mail is more important.
My view is still the same, the company has not done any woring in giving the absconding experience certificate, as the employee has choosen to walk away with just a email and no dialouge. The company or HR does not have to call you on your resignation, as the employee is unavailable in the office for any healthy dialouge.
So, getting a clear relieving letter is an almost impossiability,
Regards,
Ashutosh Thakre
From India, Mumbai
Hello Deshmukh Vijayanand,
Frankly, both you & your wife messed up the situation which COULD have been handled quite smoothly. Such situations are so common & regular for any employee or Employer.
Though you haven't mentioned the reason(s) why your wife quit so haughtily & unprofessionally, my guess is that she must have had some serious argument & decided to quit in a huff.
And the fact that the Company just didn't bother to contact your wife goes to show that this COULD be very likely......they must have thought 'good riddence'.
Like Ashutosh Thakre mentioned, you wouldn't have offered to pay 2 months salary had you not NEEDED the Relieving Docs.
You wouldn't like to follow the Rules of the game but expect the Company to stick to them.
The only way you can get the proper Docs......as far as I can see......is for your wife to go & request--MAY need multiple efforts.
Depending on the unsaid facts of the case, it's upto both of you to decide the scale, tone & tenor of such a request...i.e. IF you go for it.
Rgds,
TS
From India, Hyderabad
Frankly, both you & your wife messed up the situation which COULD have been handled quite smoothly. Such situations are so common & regular for any employee or Employer.
Though you haven't mentioned the reason(s) why your wife quit so haughtily & unprofessionally, my guess is that she must have had some serious argument & decided to quit in a huff.
And the fact that the Company just didn't bother to contact your wife goes to show that this COULD be very likely......they must have thought 'good riddence'.
Like Ashutosh Thakre mentioned, you wouldn't have offered to pay 2 months salary had you not NEEDED the Relieving Docs.
You wouldn't like to follow the Rules of the game but expect the Company to stick to them.
The only way you can get the proper Docs......as far as I can see......is for your wife to go & request--MAY need multiple efforts.
Depending on the unsaid facts of the case, it's upto both of you to decide the scale, tone & tenor of such a request...i.e. IF you go for it.
Rgds,
TS
From India, Hyderabad
While time for a dialogue has gone past,employee needs to seek an appointment and through dialogue-repeated dialogues- if needed.
The employer is clearly on stronger footing in this case.
As such employer normally has deeper pockets,time and ability to sustain litigation.
Learned member Ashutosh has clearly and concisely brought out both sides of the transaction.
Now only a request and humble approach can resolve the issue and get the word absconding deleted.
From India, Pune
The employer is clearly on stronger footing in this case.
As such employer normally has deeper pockets,time and ability to sustain litigation.
Learned member Ashutosh has clearly and concisely brought out both sides of the transaction.
Now only a request and humble approach can resolve the issue and get the word absconding deleted.
From India, Pune
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