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Hello,

Please guide me. In the appointment letter, it is mentioned that absence for 10 days will lead to termination of services without notice or intimation. I left the company for more than 1 month. However, the employer is sending a warning letter to request a written resignation. What should I do?

From India, Mumbai

Employers do not want to terminate employees easily, as for termination, certain rules have to be followed; otherwise, the entire termination becomes invalid in the eyes of the law, regardless of what is written in the appointment letter. That is why the company is asking you to resign by sending a resignation letter, so there is less liability.

It is better to give a formal resignation, collect the full and final dues, if any, and move on (which I believe you have already done, as it has been more than a month).

From India, Kolkata

I would not advise you to resign unless you are serious about leaving your employer for some genuine reason. If you have a legitimate reason for absenteeism and your employer did not provide any communication during that period, you have a strong case for reinstatement. Employers often ask for resignations to protect themselves against legal provisions, so they will typically request it from you. Another point worth considering could be the length of your association with your employer, as this may impact the severance pay in case of a threatened termination by them. You may have a choice here!
From India, New Delhi

Mahr
482

Hi,

You said you left the organization, does that mean you absconded? I probably think you would have, as you have mentioned a leave of absence with intimation. Your employer can close the case by sending a show-cause notice. You can as well send in your resignation now, but I'm not sure what their motive would be in asking that after a month. Do you own any company-owned properties with you?

From India, Bangalore

Hi,

According to me, you should submit your resignation letter as this would be a wise decision. A termination letter carries a negative impact on the resume. Regarding the employer, they could have terminated you in your absence, which might be considered as absconding if no prior intimation via email has been provided explaining the reason for your absence. Therefore, it would be a mature decision to resign instead of receiving a termination letter.

Regards, Priyanka Kumari
Manager HR
9560084446
www.setindiabiz.com

From India, New Delhi

Nowadays, Next employers surely asking for reliving letter and resign copy from last company you had, so you do maintain all of with you for better future endeavors.
From India, Jaipur

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