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Wednesday , November 25 2020

Submitted Resignation from immediate effect – Company filed absconding case

I worked in a company from May 2018 to August 2019 but the company transferred my visa in January 2019. Now, I submitted my resignation effective immediately without serving the notice period because of torture and non-payment of salary for one month. I filed a case against the company in Shoon.

The company said they filed an absconding case against me in Shoon. When I asked the Shoon, they did not tell me whether a case was registered against me or not and then advised me to file a complaint against the company which I did. How can I solve my problem? How can I get release from the company? Whether they give release or not, can I take visa from outside and transfer to this company? Please help me in this case.

Name withheld

Answer: Unfortunately, you have put yourself in this mess. You can’t submit a resignation to your company and say it is with immediate effect. You are not clothed with the powers to unilaterally decide not to give the mandatory 3-month notice period when you present a resignation letter.

Any waiver of the notice period must be mutually agreed or imposed by an authority that has that mandate. If your employers say they have file an absconding case against you, they will be within their right to do so as you have taken the law into your hands by not reporting for duty. As you indicated you have also filed a case against the company, let’s see how the two cases will be judged by the authority concerned.

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