Absconding from duty
8 months ago
I had joined company on 28/1/2022 and they have me training of 6 months then it extends to 1 month more and then my employment started at the firm at 1/09/2023
At the time of joining I have signed service agreement with the company and given the security deposit cheque of 150000 to the company and now I have left the company on the date 7th July 2023 and broke the service agreement absconding from duty,
So now they have sent me the mail to resume the duty immediately.
Then another mail was sent from the company's leagalteam saying that
Sub – Absconding without clearing Dues as per Service Agreement
Dear Jeet
You have been appointed as Associate Software Engineer and joined your duty on 28th January, 2022. The Company has also issued a letter of appointment dated 28th January, 2022 by fixing the terms and conditions of your appointment, which were agreed upon and accepted by you.
That you have also entered into the Service Agreement, that you will serve the Company for at least Two years and six months period and will not leave the Company before 28th July, 2024. As per your appointment letter & service agreement and post completing that period, you can leave after service the notice period of 2 months.
It has been reported that you have stopped coming to your duty after dated 7th July, 2023 without clearing the exit dues of the Service Agreement. Your act shows that you have absconded from the duty and breached the terms and conditions of the Agreement.
Considering the terms and conditions of the Appointment Letter and Service Agreement you are liable to pay Rs.150000/- (Chq. Number: 000001 Bank Name: Kotak Mahindra Bank) as damages for breaching the terms and conditions of the Service Agreement.
You have been notified to clear out the dues on multiple occasions through in-person meetings/calls/emails but we have not been able to get any timeline to clear out the dues , we left with no options but to deposit the cheque of Rs. 150000/- (Chq. Number: 000001 Bank Name: Kotak Mahindra Bank) for recovering the damages. You are requested to keep a balance. If the cheque will dishonour, Company will take appropriate legal action.
You are hereby called upon to clear out pending exit dues within 7 days from receipt of this letter. If you fail to do so, it will be presumed that you do not have any intention to honour the agreement with us and the Company will be compelled to initiate legal action against you as per the terms and conditions mentioned in the appointment letter dated 28th January, 2022 and service agreement dated 28th January, 2022. Further we will deposit the cheque of Rs. 150000/- towards the damages caused to Company. Please keep sufficient balance.
Thanks,
Legal Team
So can they drag me to the court for this ?
Do I have to pay this amount?
Can they file any FIR?
Can this affect my career?
I want some advice please!!
Both breach of contract of employment and absconding without notice or permission leaving the job abandoned are considered as professional misconduct and the employee may face both disciplinary action and legal consequences for the same. So far the contents of the Company's letter are concerned, in case your security deposit cheque is bounced or dishonored then you have to face criminal prosecution under Sec.138 of the N I Act, 1881. Moreover, if all these actions are taken against you, your future career will be at stake for a negative report on the Back Ground Verification check. Therefore, considering all these factors, you need to negotiate the matter with the Company and try to exit with a clean chit i.e, a stigma-free record.