Greetings,
I was working with a BPO for the past 6 years. Due to some health issues, I was on leave, and after undergoing additional tests prescribed by the doctor, I discovered that I am suffering from kidney disease. I have sent all the pathology reports to my Team Leader and also copied the same to my HRBP. However, as discussed at home, I have emailed my resignation from my official email ID. My TL asked me to come and submit a written resignation, but due to my health and distance from the company, it was not possible. After a couple of days, they considered me absconding. Now, I am seeking my experience letter along with the PF amount. Please help me in the best way possible.
Looking forward to your kind response.
Best Regards,
AB
From India, Moradabad
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2I was working with a BPO for the past 6 years. Due to some health issues, I was on leave, and after undergoing additional tests prescribed by the doctor, I discovered that I am suffering from kidney disease. I have sent all the pathology reports to my Team Leader and also copied the same to my HRBP. However, as discussed at home, I have emailed my resignation from my official email ID. My TL asked me to come and submit a written resignation, but due to my health and distance from the company, it was not possible. After a couple of days, they considered me absconding. Now, I am seeking my experience letter along with the PF amount. Please help me in the best way possible.
Looking forward to your kind response.
Best Regards,
AB
From India, Moradabad
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If you have proof of your communication with any authorised person of the company then you can not be treated as absconder. regrads, kamal
From India, Pune
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From India, Pune
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Hi AB,
The company can't hold your PF amount; that can be withdrawn at any time. If you join any company, you can continue with the same account. Check with your HR Team whether they have considered you absconding under the Long Leave policy. If yes, then this can be considered an absconding case. Yes, I do agree that you have submitted your doctor's certificates, but sooner or later, you had to meet the HR Team personally.
Solutions: You can request your HR Team to provide a relieving letter along with an experience letter. Otherwise, you can show your payslip to another company as proof for the appointment.
Please let me know if you need further assistance.
From India, Delhi
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The company can't hold your PF amount; that can be withdrawn at any time. If you join any company, you can continue with the same account. Check with your HR Team whether they have considered you absconding under the Long Leave policy. If yes, then this can be considered an absconding case. Yes, I do agree that you have submitted your doctor's certificates, but sooner or later, you had to meet the HR Team personally.
Solutions: You can request your HR Team to provide a relieving letter along with an experience letter. Otherwise, you can show your payslip to another company as proof for the appointment.
Please let me know if you need further assistance.
From India, Delhi
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Dear Mr. Kingdeepak,
Any policy of any organization that is against the principles of natural justice has no legal standing. Your input that "whether they have considered you absconding on Long Leave policy? If yes, then this can be considered as an absconding case," is against the principles of natural justice, bad in law, and thus amounts to unfair labor practice. HR personnel need to think broadly and understand the laws of the land.
If AB has communicated all details to the employer (even if through email on record), under no circumstances can they treat him as an absconder. You should also know that email communication is treated as secondary evidence under the Indian Evidence Act.
From India, Pune
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Any policy of any organization that is against the principles of natural justice has no legal standing. Your input that "whether they have considered you absconding on Long Leave policy? If yes, then this can be considered as an absconding case," is against the principles of natural justice, bad in law, and thus amounts to unfair labor practice. HR personnel need to think broadly and understand the laws of the land.
If AB has communicated all details to the employer (even if through email on record), under no circumstances can they treat him as an absconder. You should also know that email communication is treated as secondary evidence under the Indian Evidence Act.
From India, Pune
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Give all such details to the concerned HR including your claim for the experience letter in writing and wait for 2 - 3 days for their written response.
From India, Pune
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From India, Pune
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Dear AB,
Please do one thing without wasting any further time, and that is to send a photocopy of your medical documents along with all your medical reports to the management via registered post. Include a letter stating the reference to all of your email communications in this regard and explaining the circumstances that led to your resignation. Also, mention your resignation email separately and request the following:
1. Your experience letter
2. Your PF form endorsement
3. Most importantly, your gratuity payment as you have completed 6 years in the company and are entitled to the same.
I agree with Kamal that your case cannot be termed as absconding by any stretch of the imagination. Fill in forms 19 and 10C and enclose them with this letter. Include a cancelled cheque and two revenue stamps affixed at designated places with a signature across. Taking this step will help you receive the benefits in case they refuse to grant you what you are entitled to.
Feel free to revert if any clarification is required in this regard.
From India, New Delhi
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Please do one thing without wasting any further time, and that is to send a photocopy of your medical documents along with all your medical reports to the management via registered post. Include a letter stating the reference to all of your email communications in this regard and explaining the circumstances that led to your resignation. Also, mention your resignation email separately and request the following:
1. Your experience letter
2. Your PF form endorsement
3. Most importantly, your gratuity payment as you have completed 6 years in the company and are entitled to the same.
I agree with Kamal that your case cannot be termed as absconding by any stretch of the imagination. Fill in forms 19 and 10C and enclose them with this letter. Include a cancelled cheque and two revenue stamps affixed at designated places with a signature across. Taking this step will help you receive the benefits in case they refuse to grant you what you are entitled to.
Feel free to revert if any clarification is required in this regard.
From India, New Delhi
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Sir, please note that email communication is also considered valid evidence, as suggested by one of our friends. I recommend meeting with your HR in person to obtain clearance in writing. Additionally, remember to bring your medical reports with you. In any case, your absence cannot be treated as absconding unless you possess any company assets, documents, or cash.
From India, Hyderabad
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From India, Hyderabad
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