Facts:
Worked for more than 2.5 years in a leading BPO. Absconded only because of the 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. So, 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 the 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. So, 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 Labour Law, but it is something like irritating to an employer who invests a lot of money on an employee by way of training, who pays salary to the employee on time, who pays attention to enforcing social security measures for the employee, and who believes that there would be a huge production loss due to a long gap in hiring a new person to the post of a left employee. When absconding, you should have thought that an employee is a free bird and wherever work is available you can easily take it and do it till you get bored and then try another field and so on. But you should also have thought that the employers can share feedback about an employee and in that exercise you do not have any control.
There is a case, i.e., Vijay S Sathaye Vs Indian Airlines Ltd, in which the Supreme Court has 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 he wishes to terminate the services of an employee. But nothing will stop an employer from rating an employee when he is asked to do so by another employer where his absconded employee joins! You can argue that you should be paid wages on the 7th of every month, you can command that you should get facilities like a rest room, lunchroom, etc., if they are not provided, you can also demand that you should be relieved immediately; but you cannot require an employer to issue a service certificate that shows that 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.
When labour 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.
Madhu.T.K
From India, Kannur
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4769There is a case, i.e., Vijay S Sathaye Vs Indian Airlines Ltd, in which the Supreme Court has 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 he wishes to terminate the services of an employee. But nothing will stop an employer from rating an employee when he is asked to do so by another employer where his absconded employee joins! You can argue that you should be paid wages on the 7th of every month, you can command that you should get facilities like a rest room, lunchroom, etc., if they are not provided, you can also demand that you should be relieved immediately; but you cannot require an employer to issue a service certificate that shows that 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.
When labour 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.
Madhu.T.K
From India, Kannur
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Please let me know how to write and what to write in a letter for reemployment as per the details mentioned below.
I am Shahid Khan, and I worked in a company in Saudi Arabia from December 2010 to May 2014. I went on vacation on May 25, 2014, but I did not return after the completion of my vacation due to some family issues that compelled me to stay back in India. I informed my manager about this situation, but unfortunately, I did not receive any support from him.
Now, I am seeking reemployment in any position within any department. I regret not returning to work as it led to me losing my job at the best company I have ever worked for.
Please advise me on the proper way to write a letter to the higher management. Your help is greatly appreciated.
From United Arab Emirates, Abu Dhabi
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I am Shahid Khan, and I worked in a company in Saudi Arabia from December 2010 to May 2014. I went on vacation on May 25, 2014, but I did not return after the completion of my vacation due to some family issues that compelled me to stay back in India. I informed my manager about this situation, but unfortunately, I did not receive any support from him.
Now, I am seeking reemployment in any position within any department. I regret not returning to work as it led to me losing my job at the best company I have ever worked for.
Please advise me on the proper way to write a letter to the higher management. Your help is greatly appreciated.
From United Arab Emirates, Abu Dhabi
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Enforcement of negative covenants in employment terms.pdf