If you are stuck in such a situation, here is what to do.

Mr. Rohan Mehra recently secured a position at “Global Connect Solutions,” a prominent BPO in the city of Nagpur. He successfully completed his initial training phases. However, during the on-the-job training (OJT) period, the demanding night shifts and constant use of headphones began to take a toll on his health. He started experiencing severe throat infections, persistent earaches, and frequent spells of dizziness.

As his condition deteriorated, Mr. Mehra realized he could not continue with the job and decided to resign on medical grounds. He promptly informed his Team Leader, Mr. Sameer Joshi, about his decision. Despite feeling unwell, he visited the office to submit his resignation formally and also sent an official resignation email to the HR department. To his dismay, the HR representative, Ms. Anjali Desai, refused to meet with him, leaving him waiting for over two hours before he had to leave due to his poor health.

Following this, Mr. Joshi began calling him daily, insisting that he report back to work, even after Mr. Mehra had shared his medical prescriptions as proof of his illness. The constant pressure became overwhelming, and Mr. Mehra eventually stopped responding to the calls. Shortly after, he received an official email from Global Connect Solutions, labeling him as “absconding.” Mr. Mehra is not in possession of any valuable company property, except for his employee access card, which he is ready and willing to return.

Advice in such cases

If you find yourself in a situation similar to Mr. Mehra’s, it is crucial to act methodically to protect your rights and professional reputation.

• Review Your Employment Agreement: Carefully examine your appointment letter and the company’s HR policies. Pay close attention to the clauses regarding resignation, notice period, and termination. Understanding these terms is the first step in building your case.
• Compile All Evidence: Gather all forms of communication. This includes the resignation email you sent, any replies (or lack thereof), text messages, call logs, and especially the medical certificates and prescriptions that validate your health condition.
• Send a Formal Reply: Do not ignore the “absconding” notice. Draft a clear and professional reply to the email, reiterating the facts. State the date of your resignation, the medical reasons, your attempts to resign in person, and attach your medical documents again. Clearly state that their “absconding” allegation is baseless and defamatory.
• Return Company Property: Make a formal attempt to return any company property, like the access card. Do this via a recorded delivery service or in person with a witness. Insist on a written acknowledgment from the company confirming they have received the property.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This situation is primarily governed by Indian labour and contract laws. The term “absconding” is not a statutory offense defined in Indian law but is a term used in corporate policies.

• The Indian Contract Act, 1872: An employment agreement is a contract. An employee has the right to terminate this contract. Forcing an employee to work against their will can be seen as a violation of their fundamental rights.
• The Shops and Establishment Act: Most IT and BPO companies are governed by the respective state’s Shops and Establishment Act. These acts contain provisions regarding working hours, payment of wages, and termination of employment.
• Industrial Disputes Act, 1947: While applicability can vary, this act defines unfair labour practices. Pressurizing an employee who has resigned on genuine medical grounds and then wrongfully labeling them as absconding could be construed as an unfair labour practice.
• Payment of Wages Act, 1936: This act ensures that employees receive their wages on time. An employer cannot arbitrarily withhold salary for the period you have worked, even in a dispute over resignation.

If you are the complainant

As the employee who has been wronged, you are the complainant in this matter. Here are the steps you should take to formalize your complaint against the company’s actions.

• Send a Legal Notice: Through your lawyer, send a formal legal notice to the company. This notice should detail the entire sequence of events, refute the absconding allegation, and demand the acceptance of your resignation, issuance of an experience letter, and clearance of all pending dues (full and final settlement).
• File a Complaint with the Labour Commissioner: If the company does not respond favorably to the legal notice, you can file a formal complaint with the Labour Commissioner’s office in your jurisdiction. They can mediate the dispute and direct the employer to settle your dues.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the victim of such unfair corporate practices, it’s important to understand your fundamental rights.

• Right to Resign: You have an undeniable right to resign from your job. An employer can stipulate a notice period, but they cannot reject a resignation, especially one submitted on valid medical grounds.
• Right Against Forced Labour: The Constitution of India prohibits forced labour. A company pressuring you to work against your will, especially when you are medically unfit, is a violation of this principle.
• Right to a Fair Exit: You are entitled to a formal exit process, including the acceptance of your resignation, a relieving letter, an experience certificate, and the settlement of your final dues.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

This is a civil dispute related to an employment contract, not a criminal matter. Therefore, the police have a very limited role, if any. They will not entertain a complaint from either the employee or the employer regarding resignation or absconding allegations. The police would only get involved if there were allegations of a criminal offense, such as theft of significant company assets (an access card would not typically qualify), criminal intimidation, or assault. In most cases, they will rightly advise both parties to approach the labour court or a civil court to resolve the dispute.

FAQs people normally have

• Can my company reject my resignation?
• No, a company cannot legally reject a resignation. They can ask you to serve the notice period as per your contract. If you are unable to do so due to medical reasons, you can negotiate a buyout or waiver, supported by medical proof.
• What are the consequences of not serving the notice period?
• If you don’t serve the notice period, the company can, at most, deduct an amount equivalent to the notice period salary from your full and final settlement. They can also theoretically sue you for damages, but this is extremely rare for junior-level positions.
• Can the company withhold my salary for the days I worked?
• No, an employer is legally obligated to pay you for the days you have worked. They cannot withhold your earned salary. They can only make deductions from the final settlement as per the terms of your contract (e.g., notice period buyout).
• Will an “absconding” record affect my future job prospects?
• It can be a concern if a future employer’s background check contacts this company. This is why it is vital to challenge the absconding allegation legally. By sending a reply and a legal notice, you create a record that you formally contested their claim.

What evidence is required?

Strong documentation is your best defense. The essential pieces of evidence you must preserve are:

• Your appointment letter or employment contract.
• The resignation email you sent, including delivery and read receipts if available.
• All medical documents, including doctor’s prescriptions, diagnostic reports, and fitness/unfitness certificates.
• Any written communication with your TL or HR (emails, WhatsApp messages).
• The “absconding” notice or letter received from the company.
• Proof of returning company property (courier receipt, written acknowledgment).

How long will the investigation take?

Since this is not a criminal case, there is no “investigation” in the traditional sense. The timeline for resolution depends on the path you take:

• Via Legal Notice: A company usually responds to a legal notice within 15 to 30 days. Often, this is enough to prompt them to negotiate a settlement.
• Labour Commissioner: Proceedings before the Labour Commissioner can take a few months, involving conciliation meetings between you and the employer.
• Civil Court: If the matter proceeds to a lawsuit, it can be a lengthy process, potentially taking years. However, most employment disputes of this nature are resolved much sooner through legal negotiation.

Advocate Sudhir Rao, Supreme Court of India