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    chosenone2020 Posts: 1, Reputation: 1
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    Dec 28, 2012, 12:11 AM
    Is it really abscondign
    Hi all;
    I am vaisakhan, and engineer working with an MNC in Mumbai. I am responsible for the installation of CLinac a medical device used for curing cancer. I have been working with this MNC for the last 17 Months. Now I have resigned from the company in a swift manner that irked the employer. Ill tell the detail bellow, and need to know all the possible legal problem that I may have to face if at all if there is any.

    The company has given abroad training and there is no bond for that in the agreement. About the notice period, three moths notice period or the payment for if initiated from either parties. Nothing mentioned about joining the rival in India or abroad after leaving the job.

    And what I have done. I was on duty till Nov-25-12 and when on leave till 14th December-12. During this leave I got a better offer from a competitor in Gulf and I decided to join them as the opening was an immediate one. I joined the rival on 9th-Dec-12 and send the resignation to the previous company on 13th-dec-12, and did not went to office there after. The resignation letter was given to HR, my manager and to one of my senior in the organization. In the resignation letter I have mentioned that 1) a do not want to work with you any more 2) ready for the payment 3 moths in lieu of the absence from duty 3)All the assets will be returned to the company once I come back to India for settling the dues once a date is fixed in the following week. To this my manager replied that I should call him for further discussion. I did not replied or contacted the previous company or any of them since then. But, later on 25th I called My manager and told him that ill come back on 2-Jan-12. He said that, they already send legal notice to my home regarding this. And to avoid any further legal problem I should come at once to settle the dues.

    So in this matter, I have the following questions.
    1) What all could be the legal options that the company can take.
    2) Can they do anything with my passport at the immigration.
    3) If at all they sort any legal stand what all things should I be cautious about.
    4) Can this absence from duty can be considered as absconding?(although I think it can not be, but in legal terms
    5)Can they file any FIR/Case against me even if am ready for the payment.

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