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Served notice period company filed charges for unauthorized absence


18-Nov-2023 (In Labour & Service Law)
I was an engineer in a Navarathna PSU. For balancing my professional and personal life ,I have put my resignation letter on 10/03/2015. As per company policy 90 days notice period is required . Accordingly I have waited for companies replay ,unfortunately they didn’t give any replay during notice period except exit interview forms. Two reminder letters also given regarding my reliving. After 108 days from putting resignation letter (25/06/2015), I discontinued from job with proper intimation. Then company has replied that, my resignation will not be accepted due to administrative ground. During last two months company has not paid my salary . Now company has given charge sheet for unauthorized absent . In view of the above it is requested to kindly guide for next course of action and how to get reliving letter.
Answers (2)

Answer #1
858 votes
We would like to suggest you that you should reply to the legal notice to avoid initiation of any court proceedings against yourself.



Now to give you proper legal advice we would like to look at your employment contract.

Basically in most of the employment contract there is a necessity to give resignation and serve a notice period of 1 or 2 months.

And it includes a buyout clause as well as per which you can pay the salary for the notice period and absent yourself from working in the said notice period.
Answer #2
957 votes
From the facts stated, it appears that the Company's action are not lawful. No one can be compelled to work against his will, especially when you fulfilled the obligations of Notice period. The charge sheet, as such, is bad in law.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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