Absconding consequences
Hi guys, I joined a crap company just so that I can get some income and not freeload at home and I have been applying for other better jobs. My plan is if within 2-3 months, I get a better job then I will abscond from here and not show this company in my resume. I don't want a relieving/experience letter and I don't want the salary or PF. I just want to abscond as soon as I get the offer. Can the company do something, like legal action, if I abscond?
You may get legal notice, asking for payment in lieu of notice period (so three months salary has to be paid by you if they drag it out to court. That is the law generally agrees upon, unless your employment contract specifies otherwise).
Your background verification while joining the next company will probably fail, if you've absconded.
You also cannot really hide it, as they would know about this brief employment from your PF account.
I'm also in a similar boat as you, but I'm planning to end things amicably if needed.
No, the law does not agree upon this
All supposed articles online talking of absconding are actually talking of the crime of absconding which is when a warrant has been issued by a court and you run away.
Please feel free to abscond from bad jobs 🙄🙄
See more comments
GloomyTurn18
Stealth
8 months ago
3 months notice, no company would wait that long
It's not just about absconding, you will be lying to your future employer as well. That will have more bad impact
Brutallyhonest
Stealth
8 months ago
Yes, they can send you legal notice.
GloomyTurn18
Stealth
8 months ago
Are you sure, i mean nobody can force you to work against your will
See more comments
Look, if they have too much money to spare, they MIGHT send you a notice
If you don't care about the "soft" harm they could do to you, like withholding release documentation, FnF, or bad mouthing you, leave
If you get a notice, hire me, I'd love to see them take this to court, it would be a good comedy show
GloomyTurn18
Stealth
8 months ago
Maybe but yeah i asked on reddit as well, there also people have advised me not to do this, Actually I got my first salary which is the problem, I could easily abscond if I didn't get my salary. I guess ill trust the universe and wait for a good company
@GloomyTurn18 Look, as I mentioned, there is not much legal repercussions you need to worry about as practical ones. Withholding of FnF or severance papers (like experience letters), back pay, other dues, and giving you a negative feedback (if you work or intent to work in an industry where proof of past employment or background checks are frequent), you absolutely should not do it.
When it comes to legal, the situation here is very very dicey and there are not precedent cases as such purely because the legal fees a company would be incurring to go after you (in an actual court of law, not having their inhouse legal department or retainer firm send you a notice of recovery) is going to be far more than your salary (not to mention there is a good case to be made for unfair terms of a contract, right of resignation, no damage caused) unless you are a very high level employee with a higher burden of responsibility and privy to sensitive information.
cryonim
Stealth
8 months ago
Disagree, let them relieve you. They will do it much faster than 3 months. Say you have a family emergency and cannot come to office and would only be able to work remote, or that you want a different tech stack and are unable to focus much on this one. Things would get a bit heated in the upper management, then you can say I resign because this cannot be fulfilled and it gives you a power to not deliver a completely satisfiable progress. They might just assign lesser work to you and slowly remove you too. Benefit is you still get paid and nobody wants to pay an employee who can't give 100% so you can get early release too, they'll be happy to give :)
Catander13
Stealth
8 months ago
Don't abscond. Given that your notice period is 3 months, keep applying for as many jobs as you can once you've resigned. It's a tricky situation but this is the only honourable way out.
If they have created any PF account, your previous experience will show up anyway when they run your PAN number. You also can't have multiple UAN numbers for the same PAN number, so you won't be able to keep your previous experience a secret.
Also I believe the previous PF account has to be closed before the new one can be opened at your new company, so you can land in a heap of trouble if they decide to leave things unfinished there.
Keep interviewing, you might find one company that agrees with your notice period and then keep interviewing, or else you can put in your papers and then start interviewing.
GloomyTurn18
Stealth
8 months ago
Yeah previous account might have to be closed before this can be opened, didn't think about that. I'll just wait for a good company then.
How many days have passed since you joined this company, if it is not more then abscond now, take your current reporting in confidence give some crappy family/health reason.
If PF account is created then it will be visible to your HR in future company as well.
People leaving job in 1-2 weeks is common and mostly understood by employers and seniors, take them in confidence, do it in proper way.
For HR it is one more position open and more work to do, also makes HR look bad in front of management.
GloomyTurn18
Stealth
8 months ago
Already got my first salary, which is the problem, never mind then, I'll just wait for a good company or ask them to relieve me early
Just tell them you're joining an MBA college as you got the admission and take exit early.
Emergency medical conditions can also help.
BiryaniEnthu
Stealth
8 months ago
What position are you in?
If you are lower rank, they wouldn't bother with legal. Max will blacklist you
GloomyTurn18
Stealth
8 months ago
Senior software Engineer, basically freshers are given software engineer so 1 level above that
Qwerty2398
Stealth
8 months ago
Depend on how jobless the HR are. If they are really bored they will screwwup on the background check. If they are bored and rich they will send a legal notice. If they are bored , rich and you get into a better paying job they will send legal notice on IP theft.
hellloworld
Stealth
8 months ago
Nothing will happen if it is just a matter of 2-3 months. Relax
AbleAirfare
Stealth
8 months ago
All people suggesting something will happen is bullshit. Just drop an email and leave. No one will chase you. And stop worrying about pf account showing up. Its just a job, not that you are marrying multiple people!
No one cares whether you want salary or PF. The company is obliged to pay salary and PF. PF account will cause a problem.
CluelessDime
Stealth
8 months ago
Possible implications:
1. If your PF is created: the ending date of PF will not be given to EPFO. There might be some issues in the starting of PF account of new company. (Have seen it with my current reportee)
2. If the end date of PF is not present for 3 years from new PF start date then old PF will not earn interest
3. The background verification in future firms might put your new offer in jeopardy
4. But the company dragging you to Court etc does not usually happen unless your are like manager and above and there is a value for company to extract from you. And also 1 more instance where it can happen is whe say the company or leadership wants to set an example of you to others in team. But likelihood is low, the cost of running a legal battle against you is too high for company
Discover More
Curated from across
