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New company refusing to accept an absconding letter and requiring me to submit a resignation?

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I resigned from my previous employer on 5 January 2017 and provided both a web page resignation and hard copy of a resignation acceptance letter, with my last working day being 15 January 2017. I did not serve the full notice period and joined my new company on 1 February 2017. My new employer issued me an experience letter, stating my last day of separation as 3 February 2017. They have treated my resignation process as absconding from the service and issued me an absconding letter, which I have not received. They are not willing to accept my last working day as 15 January 2017, even though the exit process was completed and my reporting boss had approved it. There is no need for a second approval in the system for exit. My new company is not accepting this letter and is threatening to terminate me. I have sent emails to the Senior HR but have not received a response. What should I do in this situation?

  1. This is a typical case where you have not completed the full notice period and have not received written confirmation of the last day of work. You have unilaterally decided that the 15th would be your final day, which is 20 days less than the required notice period. If this was not accepted in writing, it could be a problem. Therefore, you do not have a sanctioned leave after the 15th nor do you have written proof that the 15th was accepted as your last working day. As a result, the company has issued you an absconding letter. If you have resigned and are not reporting, what action do you expect the company to take when you are not following the legal process?

  2. I have a physical copy of my resignation letter which states my last day of work and was approved and accepted by my direct supervisor. There is no further approval process in the system. However, the company is not recognizing the 15th as my last day. Can I take legal action against the company?

  3. The letter states that your notice period is one month and you can provide any date as your last working day, however, the company must accept it. Does the letter explicitly state that the company has accepted your resignation and the last date of working is a certain date? If not, you may take legal action, but the company has your appointment letter which states that you must serve 30 days’ notice. If you have broken the rules, you must take into account the consequences. The dates that you have written are not necessarily your last day of working, the dates that the company provides in writing and are in line with the company policy are the definitive dates. Therefore, consider the repercussions before attempting to circumvent the system.

  4. Every appointment letter includes an exit clause for both the employee and employer, which states that the notice period must be served or paid in lieu of not serving it. The employer’s behavior is unacceptable and should not be tolerated. If you wish to challenge it, you may need to seek legal assistance as the employer is in the wrong.

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