- This topic has 24 replies, 9 voices, and was last updated 1 year, 4 months ago by
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UHi
I worked for a reputed engineering and construction company for close to four years.I got a better opportunity abroad and resigned by giving 40 days notice instead of 90 days and agreed to pay in lieu of.My manager accepted the resignation but HR was adamant for 90 days and refused to accept pay for notice days shortfall.As my visa was nearing expiration I pleaded him to release me.He didn’t budge.I sent a mail to him stating so and so date after 40 days I will quit the company.I stopped going to work after 40 days.
A week passed and he sent me Absconding notice.
Recently I got a mail for full and final settlement wherein I am required to pay for 92 days.What shall I do? Shall I Pay the required money and close it or contest with him that I already notified my decision to quit and served 40 days noticed However he is neither going to issue me releaving letter nor Experience certificate since I am an Absconder.
Any advice will be highly appreciated. -
UNAL. Why do you need to pay for 92 days! You served 40/90 days, so it’s just 50 days.
Check your employment contract and see if you can find the buy-out option
Also, do a cost-benefit analysis of taking them to court. They will likely pull this long so that you can’t move abroad
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AThat’s good thing. Just mail them saying you completed 40 days of notice period and there was no dependency of you and transition went smooth for your role as you had done the knowledge transfer to your replacement and you do not see any reason for them to ask for pay for days not served.
Ignore them and move on unless you require experience certificate, then you can negotiate to just pay for 50 days and be ready to walkout if they don’t agree .
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KIf you need experience letter then drop them an email mentioning all details and offer them to pay 50 days as settlement.
If you don’t need an experience letter then drop them an email mentioning all the details and telling them that you don’t think you need to pay them since you have already informed them about you resigning.
Legally they cant do a shit, you aren’t no bondage labor.
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NLegally speaking, bond and notice period is illegal. It won’t be valid in court.
Ps – not a lawyer.-
UBond is illegal…notice period if agreed upon in the offer letter is binding…one is either required to serve the notice period or pay amount in lieu of notice served….NAL either
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FYes if the contract is drafted such. Most employers retain the right to refuse salary in lieu and can ask the employee to complete the notice period.
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Ejust pay for 92 days and get it over….anyways you are going aboard no experience certificate is a bigger problem as you have worked for 4 years.
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UWhy would he pay for 92 days when he’s already served a 40 day notice? Especially when the HR is saying he won’t be issuing an experience certificate nor a relieving letter?
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EIf he pays they will have to issue ….if they don’t issue he can put a hefty case on the company and most of it will be in his favor
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UCompany has an email for absconding on record. They’ll claim that neither did he fulfil his notice period obligations nor did he facilitate a smooth transition which affected their ongoing project adversely resulting in losses to the company. The money paid is towards recouping those losses and doesn’t even cover all of it, nor does it cover his notice period. Not to mention the case will drag on for years and he’ll have to pay a lawyer for the time too.
He should negotiate to pay the amount for the remaining days only, in exchange for the documents because if he concedes to their demand, it means he acknowledges that his resignation and the 40 day notice period he served had no meaning and he basically accepts that he absconded. They are under no obligation to provide any documents in that case, despite receiving the money.
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UI don’t know which company you’ve worked for that allows this but I do not know a single company that allows an employee to just walk out the door and buy out their entire notice period at their convenience.
At the very least, the company demands a certain number of days be served for the handover and all of this is sent on email from their end which includes the number of days to be served and the amount for the buyout, the number of days for which is approved by them. The employee is not paid the salary for the days he has to serve as that amount is considered as partial payment towards his buyout. After he completes the minimum notice that was mentioned in the buyout agreement, he clears the balance and they issue the documents.
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Eplease read what op has written….he clearly mentioned that he got email for full and final settlement and they are going to do it after op pays
The 2 options op has is he can negeotiate with HR and pay for for remaining 50 days get his full and final settlement done
or he needs to pay full 90 days and get his full and final settlement
Once full and final settlement process is completed. OP is obliged to get experience and reliving letter with any payment he has to receive. if he does not get it he can surely file a case in court
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U“and they are going to do it after op pays”
I have read it again. Can’t find this statement in his post. Can you point it out where exactly is it written?
OP is not obliged to receive anything unless it says so explicitly in the appointment letter. And if he takes it to court, they can simply issue a relieving letter with a negative conduct remark. That will fulfil the “obligation” as per the agreement and he won’t be able to use it either. The court can’t force the company to issue a positive relieving letter.
His best bet is to speak to his manager who agreed to relieve him and appeal to him to convince the HR with the offer to buy out the remaining 50 days. That is if he really cares about the letter given that he is already abroad.
If all he’s worried about is if the company will take any legal action, then he need not bother.
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UMy question is : How can company brand me absconder when I have already conveyed them my decision to quit and started the resignation formalities.My manager and his manager accepted the resignation. I requested them to release me after 40 days notice since my visa was nearing expiration.Staying 50 days more would mean I loss both the jobs.
I was not the star employee for them,I was getting the lowest performance rating for the past three years in row.My contract mentions Salary in lieu of.I am even willing to pay for 90 days with the condition that they issue experience certificate with reason mentioning Resignation and not Absconding.
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UI had discussion on this too.Here HR told me , I will get experience certificate with reason being mentioned Absconding even if I pay for 90 days I have no issues paying them but in return I am getting nothing not even PF since it is managed by trust and not EPFO.
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EThan it is useless dont pay….clearly mention them that you are ready to pay only if you are going to get a proper reliving and experience letter and your pf or gratiuity along with any full and final amount is transferred in proper way and ask them for email confirmation on what matter they are going to write up in a letter and when you will get full and final settlement and how you can do the pf settlement.
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UI am already abroad and joined the Company.I don’t the experience certificate nor releaving letter.I am capable to pay 90 days salary.
But why , if I haven’t done a wrong ? -
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