Dear Seniors,
One of my friend was working in Chennai and was having family concerns at home because of which he was not able to concentrate on his work and career.The MNC was not ready to accept his resignation, although he was ready to pay off the notice period amount.After studying the problem at his place i asked him to abscond from the employer and have arranged a job for him at his native place.
I dont repent my decision as the situation made me do this. What i wanted to know from your esteemed panel is can the employer in such a situation post a legal action against an employee?? You may also note that the HR policy in his company says either the employee gives 1 month notice period and 1 months basic salary (which he is ready to pay)
I would be really greatfull if you could throw a light on it.
Thanks & Regards
Tushar Tandon
From India, Delhi
One of my friend was working in Chennai and was having family concerns at home because of which he was not able to concentrate on his work and career.The MNC was not ready to accept his resignation, although he was ready to pay off the notice period amount.After studying the problem at his place i asked him to abscond from the employer and have arranged a job for him at his native place.
I dont repent my decision as the situation made me do this. What i wanted to know from your esteemed panel is can the employer in such a situation post a legal action against an employee?? You may also note that the HR policy in his company says either the employee gives 1 month notice period and 1 months basic salary (which he is ready to pay)
I would be really greatfull if you could throw a light on it.
Thanks & Regards
Tushar Tandon
From India, Delhi
Hi,
1. Absconding is for one who doesnt know how to tackle a situation and wants to run away from a problem.
2. If he wants to abscond then it would be better if he,
* completes all the projects assigned to him, leave no incomplete ones or if not possible assign the same to another competant person.
* Make sure that he has not signed any bond which may attract legal action to him even after he pays the notice period amount.
* Make sure that he has not signed in any documents, invoice, vouchers, cheques which may create problems in the future.
I would strongly suggest he sit with the HR team in his present company and try to make them understand his situation. They may be able to provide some other better solution which may be better than absconding.
One more thing in some companies if an employee goes absconding, then even after paying his notice pay he may not be able to get relieving letter or experience letter from them.
One more thing dont take it personaly but if you are a HR person donot advice a person to Abscond from a company.
I guess you are not a HR Professional atall, cuz only a HR knows what kind of problems errupt when an employee absconds.
Regards
Vasanth
99401 58323
From India, Pune
31. Absconding is for one who doesnt know how to tackle a situation and wants to run away from a problem.
2. If he wants to abscond then it would be better if he,
* completes all the projects assigned to him, leave no incomplete ones or if not possible assign the same to another competant person.
* Make sure that he has not signed any bond which may attract legal action to him even after he pays the notice period amount.
* Make sure that he has not signed in any documents, invoice, vouchers, cheques which may create problems in the future.
I would strongly suggest he sit with the HR team in his present company and try to make them understand his situation. They may be able to provide some other better solution which may be better than absconding.
One more thing in some companies if an employee goes absconding, then even after paying his notice pay he may not be able to get relieving letter or experience letter from them.
One more thing dont take it personaly but if you are a HR person donot advice a person to Abscond from a company.
I guess you are not a HR Professional atall, cuz only a HR knows what kind of problems errupt when an employee absconds.
Regards
Vasanth
99401 58323
From India, Pune
I am not ready to accept your perceptive that the “MNC Company is not ready to accept his Resignation”. I understand that either you are hiding few things in your case or your friend has not shared the truth with you.
Anyways, by giving such suggestion and advice, you have put him in a BIG Shit. Company can take legal action against your friend. They can implant him in case of “Data Theft”. Moreover, wherever your friend will go, his reference check from this employer will say like this, “Not Resigned. Absconding. No Handover-Takeover”. So, you have actually spoiled the future career of your friend.
Regards
From India, Mumbai
Anyways, by giving such suggestion and advice, you have put him in a BIG Shit. Company can take legal action against your friend. They can implant him in case of “Data Theft”. Moreover, wherever your friend will go, his reference check from this employer will say like this, “Not Resigned. Absconding. No Handover-Takeover”. So, you have actually spoiled the future career of your friend.
Regards
From India, Mumbai
dear
tusur
we know there is always a counseling for such employees . in this case there is no need to absond, just he should talk to the manager and tell the manager to counsel him . in this situation like any counslor or manager can help him
sounseling should be also with his family members separatly
from praveen kumar
From India, Hyderabad
tusur
we know there is always a counseling for such employees . in this case there is no need to absond, just he should talk to the manager and tell the manager to counsel him . in this situation like any counslor or manager can help him
sounseling should be also with his family members separatly
from praveen kumar
From India, Hyderabad
1. Absconding is could never be a solution either from organization or from the family.
2. You have caused your friend to land in a big problem.
3. You have clearly stated that the company has got a provision to tender . one month notice or one month pay in lieu of notice.
4. Your friend has also agreed for both.
5. In such case, there is no problem.
6. If the company is unwilling to accept his resignation, he could very well serve one month notice through his lawyer.
7. I feel your friend is hiding something from you. And in case he is placed in any problem, his hands may stretch towards you.
Sengailingam
2. You have caused your friend to land in a big problem.
3. You have clearly stated that the company has got a provision to tender . one month notice or one month pay in lieu of notice.
4. Your friend has also agreed for both.
5. In such case, there is no problem.
6. If the company is unwilling to accept his resignation, he could very well serve one month notice through his lawyer.
7. I feel your friend is hiding something from you. And in case he is placed in any problem, his hands may stretch towards you.
Sengailingam
Dear
Forget what has happened. Please ask him to write to the MNC an appealing letter explaining the circumstances and just apologize for his act. They may forgive him and issue his relieving and experience certificate. In HR apology and regret are natural feelings which have its own effect.
Absconding may be an issue for you and your friend it is a usual situation faced.At least in any organisation there will be such cases.Ask your friend not to fret but be bold to face the consequences of his act.
With Regards
V.Sounder Rajan
E-mail :
From India, Bangalore
Forget what has happened. Please ask him to write to the MNC an appealing letter explaining the circumstances and just apologize for his act. They may forgive him and issue his relieving and experience certificate. In HR apology and regret are natural feelings which have its own effect.
Absconding may be an issue for you and your friend it is a usual situation faced.At least in any organisation there will be such cases.Ask your friend not to fret but be bold to face the consequences of his act.
With Regards
V.Sounder Rajan
E-mail :
From India, Bangalore
I presume that this individual is in the starting stages of his career.
1. The habit of running away from situations could become a habit with him.
2. He is learning an un-professional habit.
3. There is no way a company cannot relieve an employee provided he is willing to abide by his contract terms of giving notice or compensation in lieu. That would amount to bonded labour.
Please advice him to be a professional and think of long term consequences.
Sathya
LEarningADventures
Learning through Exploration
.
From India, Madras
1. The habit of running away from situations could become a habit with him.
2. He is learning an un-professional habit.
3. There is no way a company cannot relieve an employee provided he is willing to abide by his contract terms of giving notice or compensation in lieu. That would amount to bonded labour.
Please advice him to be a professional and think of long term consequences.
Sathya
LEarningADventures
Learning through Exploration
From India, Madras
Dear Mr. Tushar Tandon
I do agree with Mr. Vasant's comments and please do not advise anybody to abscond from his liability.
Instead of absconding himself, he could have sit with HR personnel and if HR is willing, he may elevate the problem to higher level and properly get relieved from the duties.
By absconding himself, he has made the situation complicated and made it difficult to get his terminal benefit also.
With regards
L.Kumar
From India, Madras
I do agree with Mr. Vasant's comments and please do not advise anybody to abscond from his liability.
Instead of absconding himself, he could have sit with HR personnel and if HR is willing, he may elevate the problem to higher level and properly get relieved from the duties.
By absconding himself, he has made the situation complicated and made it difficult to get his terminal benefit also.
With regards
L.Kumar
From India, Madras
NORMALLY WHEN SOMEBODY WANTS TO RESIGN FOR HIS PERSONAL PROBLEMS, THE MANAGEMENT SHOWS CONCERN AND TRIES TO HELP SUCH EMPLOYEES,IF THE REALTIONSHIP IS GOOD.
IN YOUR FRIEND'S CASE I FIND SOME LINK IS MISSING AND YOUR FRIEND CNCEALS CERTIN IMPORTANT AND CRITICL FACTS. IN THE ABSENCE OF THAT WE CANNOT ADVISE HIM PROPERLY.
HOWEVER, IF YOU FEEL THAT THERE IS TRANSPERANCY IN YOUR FRIENDS STATEMENT THEN ASK HIM SEND THE RSIGNATION LETTER ALONG WITH A DD FOR AN AMOUNT REPRESENTING THE NOTICE PAY AMOUNT WITH A COMMITMENT TO HELP THE MANAGEMENT IN CLEARING THE PENDING ASSIGMENTS, IF ANY ,OR TO PROPERLY HAND OVER THINGS. ALSO LET HIM MAKE AN ASSURANCE THAT IF REQUIRED HE WILL COME FORARD TO HELP THEM IN FUTURE TILL THE NEW GUY SETTLES DOWN
KANNAN
IN YOUR FRIEND'S CASE I FIND SOME LINK IS MISSING AND YOUR FRIEND CNCEALS CERTIN IMPORTANT AND CRITICL FACTS. IN THE ABSENCE OF THAT WE CANNOT ADVISE HIM PROPERLY.
HOWEVER, IF YOU FEEL THAT THERE IS TRANSPERANCY IN YOUR FRIENDS STATEMENT THEN ASK HIM SEND THE RSIGNATION LETTER ALONG WITH A DD FOR AN AMOUNT REPRESENTING THE NOTICE PAY AMOUNT WITH A COMMITMENT TO HELP THE MANAGEMENT IN CLEARING THE PENDING ASSIGMENTS, IF ANY ,OR TO PROPERLY HAND OVER THINGS. ALSO LET HIM MAKE AN ASSURANCE THAT IF REQUIRED HE WILL COME FORARD TO HELP THEM IN FUTURE TILL THE NEW GUY SETTLES DOWN
KANNAN
hello
by advisng your frend to abscond from duties, you have done a mistake..wat he could have was that he should discuss this very very clearly with the HR and his reporting boss..
if we look from the viewpoint of the employee, he will think that he has done the right thing but u have to go do to depth to understand this situation..
regards
Rahul
From India, Delhi
by advisng your frend to abscond from duties, you have done a mistake..wat he could have was that he should discuss this very very clearly with the HR and his reporting boss..
if we look from the viewpoint of the employee, he will think that he has done the right thing but u have to go do to depth to understand this situation..
regards
Rahul
From India, Delhi
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Legal Clarification on Absconding & Contract Labour.pdf