I resigned from an IT MNC and stated that I can serve a notice period for only two weeks due to unavoidable circumstances (Personal family problems - Office was too far and late working hours. Not acceptable to family after my recent wedding) and conveying my willingness to pay balance notice period salary to the company as compensation. But, my manager was not willing to relieve me as I was a good worker. Even after multiple reminders, the company did not conduct any last day formalities (No Dues and exit interview). And, the manager did not send me any acceptance of my resignation. On my last working day, I informed my manager and the responsible person in HR that I would not be coming to the office from the next day and stopped going to the office.
Now the company is trying to portray my case as the case of an absconding employee. I asked them for a No Dues Form so that I may submit my ID card and keys, but they refused to provide me one. They are saying that they have sent me a warning letter (sent to an absconder employee) though I have not received any such letter yet. They have asked me to send the ID/access card and keys by registered post. But, as the registered post receipt does not have any mention of the contents of the post, I fear they may later say that the packet did not contain the ID/access card. So, I don't want to send the ID/access card and keys by post.
What legal action can the company take against me? Can I be charged as an absconding employee? I am very stressed and feeling harassed due to all these matters. What must I do in this case? Please advise as soon as possible.
From India, Delhi
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Now the company is trying to portray my case as the case of an absconding employee. I asked them for a No Dues Form so that I may submit my ID card and keys, but they refused to provide me one. They are saying that they have sent me a warning letter (sent to an absconder employee) though I have not received any such letter yet. They have asked me to send the ID/access card and keys by registered post. But, as the registered post receipt does not have any mention of the contents of the post, I fear they may later say that the packet did not contain the ID/access card. So, I don't want to send the ID/access card and keys by post.
What legal action can the company take against me? Can I be charged as an absconding employee? I am very stressed and feeling harassed due to all these matters. What must I do in this case? Please advise as soon as possible.
From India, Delhi
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Post your grievance to the Chief Executive of the company with a copy to the Welfare Officer and mention that "I will be constrained to move to the human rights commission if resignation formalities are not taken up with immediate effect.
Regards,
Madhu.T.K
From India, Kannur
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4667Regards,
Madhu.T.K
From India, Kannur
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Dear sender,
Please note that without obtaining a proper relieving letter and completing the exit interview formalities with the company, it is not appropriate to keep the company's ID card, access card, and key.
I kindly request you to visit the company in person, meet with the HR team, and submit these items along with a covering letter. When handing over the keys, ID card, and access card, please ensure to obtain their signature on your copy.
Failure to comply with these instructions and retaining these items without authorization is considered an offense.
Regards,
L. Kumar
From India, Madras
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Please note that without obtaining a proper relieving letter and completing the exit interview formalities with the company, it is not appropriate to keep the company's ID card, access card, and key.
I kindly request you to visit the company in person, meet with the HR team, and submit these items along with a covering letter. When handing over the keys, ID card, and access card, please ensure to obtain their signature on your copy.
Failure to comply with these instructions and retaining these items without authorization is considered an offense.
Regards,
L. Kumar
From India, Madras
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Hi,
Be relaxed and calm. The company can't do anything, so you can always say that you were harassed and forced to work late nights; that's why you left the job. I would suggest you forget what has happened and proceed with your current job, whatever you may have now. If you need your relieving letter, you need to pay the compensation or whatever it may be, but since the market is good, you can very well give your explanation to the new employer. Don't worry.
Greetings,
Ram
From India, Bangalore
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Be relaxed and calm. The company can't do anything, so you can always say that you were harassed and forced to work late nights; that's why you left the job. I would suggest you forget what has happened and proceed with your current job, whatever you may have now. If you need your relieving letter, you need to pay the compensation or whatever it may be, but since the market is good, you can very well give your explanation to the new employer. Don't worry.
Greetings,
Ram
From India, Bangalore
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Kumar,
I had visited the company office and met the HR team. However, they refused to accept the ID/access card in person. Instead, they requested that I send it to them via registered post, which is not something I prefer to do. Could you please advise me on what I should do with the access card?
Thank you.
From India, Delhi
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I had visited the company office and met the HR team. However, they refused to accept the ID/access card in person. Instead, they requested that I send it to them via registered post, which is not something I prefer to do. Could you please advise me on what I should do with the access card?
Thank you.
From India, Delhi
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Dear Sender,
Why don't you meet your CEO and explain the situation that forced you to submit the resignation and hand over the office keys, ID card, and access card? If he refuses to accept, then you can send them by registered post. If everything fails, then you may consider approaching them legally.
L. Kumar
From India, Madras
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Why don't you meet your CEO and explain the situation that forced you to submit the resignation and hand over the office keys, ID card, and access card? If he refuses to accept, then you can send them by registered post. If everything fails, then you may consider approaching them legally.
L. Kumar
From India, Madras
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Certainly, your company is trying to portray your case as that of an absconded employee. Be careful. Send an email (using the same resignation email link) to your immediate superior, HOD, CEO, and any directors. Clearly state your position and express your desire to be relieved of responsibilities as you have the access card and keys. Mark all these emails to both your personal and official email IDs for reference. Try to communicate with them and resolve the issue amicably. Under no circumstances visit the office on holidays, even if summoned. Do not worry; they will relieve you.
I resigned from an IT MNC citing that I could only serve a two-week notice period due to unavoidable personal family problems (the office location was too far with late working hours, which was unacceptable to my family after my recent wedding). I also offered to compensate by paying the balance notice period salary to the company. However, my manager was reluctant to let me go as I was considered a good worker. Despite multiple reminders, the company did not complete any last-day formalities like No Dues and an exit interview. Moreover, my manager did not acknowledge my resignation. On my final working day, I informed my manager and the HR contact that I would not be returning to the office the next day, and I ceased going to work.
Now, the company is attempting to label me as an absconding employee. I requested a No Dues Form to return my ID card and keys, but they declined to provide it. They claim to have sent me a warning letter meant for absconders, though I have not received any such letter. They have instructed me to send back the ID/access card and keys via registered post. However, I am hesitant as the registered post receipt does not detail the contents, leaving room for them to dispute the package's contents. Consequently, I am reluctant to send the ID/access card and keys by post.
What legal actions can the company take against me? Can I be accused of absconding? I am feeling extremely stressed and harassed by these circumstances. What steps should I take in this situation? Your prompt advice is greatly appreciated.
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I have ensured the corrections in spelling, grammar, and paragraph formatting as requested. Let me know if you need further assistance.
From India, Mumbai
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I resigned from an IT MNC citing that I could only serve a two-week notice period due to unavoidable personal family problems (the office location was too far with late working hours, which was unacceptable to my family after my recent wedding). I also offered to compensate by paying the balance notice period salary to the company. However, my manager was reluctant to let me go as I was considered a good worker. Despite multiple reminders, the company did not complete any last-day formalities like No Dues and an exit interview. Moreover, my manager did not acknowledge my resignation. On my final working day, I informed my manager and the HR contact that I would not be returning to the office the next day, and I ceased going to work.
Now, the company is attempting to label me as an absconding employee. I requested a No Dues Form to return my ID card and keys, but they declined to provide it. They claim to have sent me a warning letter meant for absconders, though I have not received any such letter. They have instructed me to send back the ID/access card and keys via registered post. However, I am hesitant as the registered post receipt does not detail the contents, leaving room for them to dispute the package's contents. Consequently, I am reluctant to send the ID/access card and keys by post.
What legal actions can the company take against me? Can I be accused of absconding? I am feeling extremely stressed and harassed by these circumstances. What steps should I take in this situation? Your prompt advice is greatly appreciated.
---
I have ensured the corrections in spelling, grammar, and paragraph formatting as requested. Let me know if you need further assistance.
From India, Mumbai
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I resigned from an IT MNC and stated that I can serve a notice period for only two weeks due to unavoidable circumstances (Personal family problems - Office was too far and late working hours. Not acceptable to family after my recent wedding) and conveying my willingness to pay the balance notice period salary to the company as compensation. But, my manager was not willing to relieve me as I was a good worker. Even after multiple reminders, the company did not conduct any last day formalities (No Dues and exit interview). And, the manager did not send me any acceptance of my resignation. On my last working day, I informed my manager and the responsible person in HR that I would not be coming to the office from the next day and stopped going to the office.
Now the company is trying to portray my case as the case of an absconding employee. I asked them for a No Dues Form so that I may submit my ID card and keys; but they refused to provide me one. They are saying that they have sent me a warning letter (sent to an absconder employee) though I have not received any such letter yet. They have asked me to send the ID/access card and keys by registered post. But, as the registered post receipt does not have any mention of the contents of the post; I fear they may later say that the packet did not contain the ID/access card. So, I don't want to send the ID/access card and keys by post.
What legal action can the company take against me? Can I be charged as an absconding employee? I am very stressed and feeling harassed due to all these matters. What must I do in this case? Please advise as soon as possible.
I think there is something fishy. Getting married and reasons like late coming are not acceptable to the family and are not professional; they will not be appreciated anywhere in the corporate world. What made you take away your ID-Card, Access Card, and office key with you? You should have handed it over on your last working day.
There is something that you are hiding. If there is anything that you cannot share on an open platform, you can send me an email at sanjeev.himachali@gmail.com.
From India, Mumbai
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Now the company is trying to portray my case as the case of an absconding employee. I asked them for a No Dues Form so that I may submit my ID card and keys; but they refused to provide me one. They are saying that they have sent me a warning letter (sent to an absconder employee) though I have not received any such letter yet. They have asked me to send the ID/access card and keys by registered post. But, as the registered post receipt does not have any mention of the contents of the post; I fear they may later say that the packet did not contain the ID/access card. So, I don't want to send the ID/access card and keys by post.
What legal action can the company take against me? Can I be charged as an absconding employee? I am very stressed and feeling harassed due to all these matters. What must I do in this case? Please advise as soon as possible.
I think there is something fishy. Getting married and reasons like late coming are not acceptable to the family and are not professional; they will not be appreciated anywhere in the corporate world. What made you take away your ID-Card, Access Card, and office key with you? You should have handed it over on your last working day.
There is something that you are hiding. If there is anything that you cannot share on an open platform, you can send me an email at sanjeev.himachali@gmail.com.
From India, Mumbai
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Sanjeev,
I have nothing to hide. I have proofs of whatever I have stated above in the form of emails.
In my company (Fiserv India Pvt. Ltd.), whenever an employee has her last day, HR gives her a hard copy of the No Dues Form. The employee has to deposit the access card, keys, etc., in different departments and get the No Dues Form signed by them. Finally, the employee keeps a Xerox copy of the No Dues Form and deposits the No Dues Form to HR.
Even after repeated explicit reminders, the HR did not agree to the last working day mentioned in my resignation letter. And they did not give me the No Dues Form. As I had no way of taking a receipt as proof from the different departments, I had to take the access card, etc., with me when I left after my last working day.
Even after that, I visited the office several times and requested them to take these things back, but they refused. They asked me to send all the things by registered post. But registered post does not give a receipt as proof of the contents of the envelope/packet sent. And I have a feeling that even after receiving everything, Fiserv HR may say that they received only keys and not the access card. The company is keen to make a case of absconding against me even when I had resigned and informed them about the last working day when I would be available. And I don't have any faith in them.
From India, Delhi
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I have nothing to hide. I have proofs of whatever I have stated above in the form of emails.
In my company (Fiserv India Pvt. Ltd.), whenever an employee has her last day, HR gives her a hard copy of the No Dues Form. The employee has to deposit the access card, keys, etc., in different departments and get the No Dues Form signed by them. Finally, the employee keeps a Xerox copy of the No Dues Form and deposits the No Dues Form to HR.
Even after repeated explicit reminders, the HR did not agree to the last working day mentioned in my resignation letter. And they did not give me the No Dues Form. As I had no way of taking a receipt as proof from the different departments, I had to take the access card, etc., with me when I left after my last working day.
Even after that, I visited the office several times and requested them to take these things back, but they refused. They asked me to send all the things by registered post. But registered post does not give a receipt as proof of the contents of the envelope/packet sent. And I have a feeling that even after receiving everything, Fiserv HR may say that they received only keys and not the access card. The company is keen to make a case of absconding against me even when I had resigned and informed them about the last working day when I would be available. And I don't have any faith in them.
From India, Delhi
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Hi GCK, I personally feel that there is little or no hope in meeting the CEO because these kinds of directives usually come from the senior management itself. I agree with Smita to some extent. Additionally, I would ask you to dig out your contacts in the company and see if you know some person who holds a good position in the company. Have a one-on-one discussion with your project manager at a personal level and request him to do the needful. Remember the issue has been escalated to the top management by either your TL or PL.
Your situation is a bit difficult to tackle as you don't have the relieving letter in hand, and you are still in possession of the office property. You also have a word with your prospective company's HR regarding this situation. Lastly, one suggestion from my side, it is not wise to display the name of your company on a public forum as they can sue you for defaming the company name. I hope this makes sense to you.
Thanks and Regards,
Indrani Chakraborty
From India, Pune
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Your situation is a bit difficult to tackle as you don't have the relieving letter in hand, and you are still in possession of the office property. You also have a word with your prospective company's HR regarding this situation. Lastly, one suggestion from my side, it is not wise to display the name of your company on a public forum as they can sue you for defaming the company name. I hope this makes sense to you.
Thanks and Regards,
Indrani Chakraborty
From India, Pune
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Please understand that in everything, there are processes and systems to be followed. But in your case, since, like you said, you really have to do such a thing as the situation calls for it, I guess it will not be to your loss if you try to talk to the big boss of your former organization and settle the matter. I hope a discussion about the situation will resolve the matter and possibly clear any doubts, hopefully avoiding any further legal action.
From Philippines
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From Philippines
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Dear GCK,
You may approach your HR/CEO of your organization. Hand over your ID card, keys, and access card to them in writing. If they refuse to accept this, then you may ask them to give it in writing that they cannot accept. Never go to the office on holidays/Sundays, even if they call you for a discussion.
Above all, how is your relationship with your management, and what made them refuse your resignation and accepting the keys, access card, and ID card?
LK
From India, Madras
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You may approach your HR/CEO of your organization. Hand over your ID card, keys, and access card to them in writing. If they refuse to accept this, then you may ask them to give it in writing that they cannot accept. Never go to the office on holidays/Sundays, even if they call you for a discussion.
Above all, how is your relationship with your management, and what made them refuse your resignation and accepting the keys, access card, and ID card?
LK
From India, Madras
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Hi GCK,
First of all, check if you have a copy of the emails that you sent to the company as a resignation mail before leaving. I personally feel they can do nothing because they may not have accepted your resignation letter, but you have informed them about this, and you are also ready to pay your notice period amount. Therefore, they cannot force you to stay with them without your willingness.
However, for this, you should have an email stating that you want to resign before you actually leave the company. This will serve as proof that you informed them before actually leaving, but they did not accept that. So, you had no other choice but to leave without approval.
Remember that you are not a bound labor. Don't worry.
Latika
From India, Delhi
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First of all, check if you have a copy of the emails that you sent to the company as a resignation mail before leaving. I personally feel they can do nothing because they may not have accepted your resignation letter, but you have informed them about this, and you are also ready to pay your notice period amount. Therefore, they cannot force you to stay with them without your willingness.
However, for this, you should have an email stating that you want to resign before you actually leave the company. This will serve as proof that you informed them before actually leaving, but they did not accept that. So, you had no other choice but to leave without approval.
Remember that you are not a bound labor. Don't worry.
Latika
From India, Delhi
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Please do keep a copy of all the emails related to the issue, for example, the resignation letter, request for Dew form, paying compensation to balance the unserved notice period, etc.
Write an email to the Chief Executive Officer, explaining the whole matter. Also, attach a copy of all the emails.
Inform the concerned authorities that you have not received any absconder letter and you will not post/courier any documents but will come in person to submit them. However, you would also like to receive a relieving certificate as well as a due clearance certificate on the same day. Please ensure this is done in writing (via email).
From India, Delhi
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Write an email to the Chief Executive Officer, explaining the whole matter. Also, attach a copy of all the emails.
Inform the concerned authorities that you have not received any absconder letter and you will not post/courier any documents but will come in person to submit them. However, you would also like to receive a relieving certificate as well as a due clearance certificate on the same day. Please ensure this is done in writing (via email).
From India, Delhi
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Hi GCK,
I think this case contains a bit of a mistake on your end as well. You should have spoken to your reporting manager face-to-face and received a certain response from him before resigning. If his response aligns with your expectations, that's well and good. Otherwise, you should have sent a CC of your resignation, along with an explanation, to your group head, HR, and all other designated persons, and informed them of your last working day.
Currently, I would suggest meeting with your manager and HR again for a one-on-one discussion. Try to convince them based on your circumstances, maintaining a polite tone as you are still in possession of company property.
I am confident that this one-on-one meeting will lead to a solution this time.
Best of luck,
Haider Abbas
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I think this case contains a bit of a mistake on your end as well. You should have spoken to your reporting manager face-to-face and received a certain response from him before resigning. If his response aligns with your expectations, that's well and good. Otherwise, you should have sent a CC of your resignation, along with an explanation, to your group head, HR, and all other designated persons, and informed them of your last working day.
Currently, I would suggest meeting with your manager and HR again for a one-on-one discussion. Try to convince them based on your circumstances, maintaining a polite tone as you are still in possession of company property.
I am confident that this one-on-one meeting will lead to a solution this time.
Best of luck,
Haider Abbas
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You should have proof of resignation by way of an email, received a copy of the resignation letter, or an UPC certificate. In the resignation, you must mention the date of your relieving, which must be as per the clause of your appointment letter. No company can stop you from leaving the job. It's your fundamental right to select your employer. In case you do not have the above documents and you join another organization, you can be charged with double employment, which is not permissible under standing orders. However, it is always advisable to convince the management to relieve you as per the company rules. Management will always try to harass you by implicating you in cases like theft, violation of some agreement pertaining to confidential agreements, etc.
From India, Delhi
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From India, Delhi
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Hi GKC,
You can send them a registered letter stating the following:
1. You submitted your resignation and indicated the last working day in the office.
2. Exit formalities were not completed by the respective departments, and hence you had no other choice but to take the ID/Access card/Keys, etc., with you to safeguard them from misuse.
3. You have made several requests to HR to issue a No Due document so that exit formalities can be completed but have not received any response so far.
4. In case you do not hear from the company, you will assume that the Company is okay with your release from the job and doesn't need you to return the ID/access card/Keys to them.
Also, seek help or advice from a legal expert about some of the statements to be included so that your interests are protected, and at the same time, the company can't claim that you have stolen/kept company properties with bad intentions.
Mind you, this will not help you get a relieving letter from the company, but at least it will help in protecting your interests.
Hope this will help.
AJS
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You can send them a registered letter stating the following:
1. You submitted your resignation and indicated the last working day in the office.
2. Exit formalities were not completed by the respective departments, and hence you had no other choice but to take the ID/Access card/Keys, etc., with you to safeguard them from misuse.
3. You have made several requests to HR to issue a No Due document so that exit formalities can be completed but have not received any response so far.
4. In case you do not hear from the company, you will assume that the Company is okay with your release from the job and doesn't need you to return the ID/access card/Keys to them.
Also, seek help or advice from a legal expert about some of the statements to be included so that your interests are protected, and at the same time, the company can't claim that you have stolen/kept company properties with bad intentions.
Mind you, this will not help you get a relieving letter from the company, but at least it will help in protecting your interests.
Hope this will help.
AJS
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1. Keep your correspondence with them professional: send a registered letter stating that you have their key and would like to arrange a handover. Please provide a convenient time, contact name, etc. Simultaneously, also request details about your relieving, experience, and dues.
2. If you receive no response after a few reminders, consider escalating the matter by threatening legal action through a lawyer.
3. The best approach is always to find a middle ground and be willing to compromise to avoid wasting time and money. However, never succumb to stress and guilt, as any guilt should lie with your employer.
4. Ensure that if your current or future occupations require proof of relieving and experience, handle the request diplomatically.
From India, Delhi
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2. If you receive no response after a few reminders, consider escalating the matter by threatening legal action through a lawyer.
3. The best approach is always to find a middle ground and be willing to compromise to avoid wasting time and money. However, never succumb to stress and guilt, as any guilt should lie with your employer.
4. Ensure that if your current or future occupations require proof of relieving and experience, handle the request diplomatically.
From India, Delhi
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Hi,
Do not trouble yourself with all these worries. Send a registered mail with acknowledgment to the CEO of the company. In the letter, mention the circumstances that forced you to discontinue the job. State that you have gone to the company to settle the dues and return your ID card, keys, etc., and the same were not accepted. Ask them to give a date to return all this. Send the registered letter. If possible, send a copy of this letter under the certificate of posting. By doing this, you can legally prove that you had tried your best to settle the issue.
Don't worry. Get back to work. The company can do no harm to you.
Regards,
From India, Kochi
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Do not trouble yourself with all these worries. Send a registered mail with acknowledgment to the CEO of the company. In the letter, mention the circumstances that forced you to discontinue the job. State that you have gone to the company to settle the dues and return your ID card, keys, etc., and the same were not accepted. Ask them to give a date to return all this. Send the registered letter. If possible, send a copy of this letter under the certificate of posting. By doing this, you can legally prove that you had tried your best to settle the issue.
Don't worry. Get back to work. The company can do no harm to you.
Regards,
From India, Kochi
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Employee Appraisal Form new.doc