Employee Resigned Without Notice - Background Check
CiteLegal
 
HOME RISE NEW ABOUT LOGIN
Home > Human Resource Section > Human Resource Management

Employee Resigned Without Notice - Background Check

riyarodeshia Started The Discussion:

Dear Seniors,

I want to know if one employee resign with 10 days notice insted of 30 days then can we take any legal step agains the employee?? If not then wat else can an employer do?? Its very urgent plz.. plz... help...

Riya

sgupta777 - Member Since: Sep 2009
Dear Riya, An employer can deduct the amount equivalent remained 20 days from Full & Final dues whatever it is. Sanjay Gupta

ukmitra - Member Since: Jun 2009
Dear Riya,

If you need the sevrice of the staff and want him to serve the notice,

1. Immediately first put down the same in writing and have him him sign the paper as his acceptance. Ensure you also send an email to the staff. This is crucial for you.
2. If the staff does not cooperate and still decides to leave, inform him of legal consequences. And have a legal letter prepared and handed over to him before his LWD.
3. The legal notice must have the clause of compensation that you would recover from him such as cost to company incurred for recruiting, placement commission, training etc etc.
4.The Legal notice should also mention that company will not give a NOC or release/releaving notice and this will be deterimental in his joining a new firm with clean records.
5. You can play with his emotions verbally and ask him to comply with the management, which is just a matter of 30 days.
6. If however, the staff is ready to pay all the cost, you would have to relieve him with testomonials/certificates with/without remarks, as one cannot bound someone.
7. Get to know the reason for a staff not cooperating. I smoke something for the staff not cooperate.

One more important thing, which is out of context to your question, but important, ensure that IT and Business information is well protected during his Notice Period.

Hope above will be useful.

Regards,
ukmitra

Quote:
Originally Posted by riyarodeshia View Post
Dear Seniors,

I want to know if one employee resign with 10 days notice insted of 30 days then can we take any legal step agains the employee?? If not then wat else can an employer do?? Its very urgent plz.. plz... help...

Riya

subbukavali - Member Since: Jun 2009
i think forcing an employee to make him serve his notice period is not good see rules are for people and even i am HR and i dont like to force others and i would suggest to leave employees flexibly am i wrong let me know

cnyanyiwa - Member Since: Mar 2009
Serving notice its mandatory but its up to te both parties(employee and employer) to honour it. If one fails to honour it one has to pay the damage so to speak or deduct the amount equivalent or pay from his or her pocket. The company does not have the legal right to force an employee to only work for the notice period unless if it was stipulated in the contract.

venkateswara.rao - Member Since: Oct 2009
It is based on the terms and constions you mentioned in his offer letter or your company policy. Some time you also need to look at how important position he is holding or as member of the project (employer's point of view).

nara_madhual - Member Since: Apr 2009
Dear riya
You can take any action if you have given any appointment letter with term of service condition. If you don't have, then you have no right to deduct any amount. Only way through motivation like you can relieve after joining of new employee in your position.

n.h.madhual
delhi

Aakil - Member Since: Oct 2009
Riya,

It is not possible that you can take any legal action against the person who is resigning from his/her post at the notice of 10 days or what so ever but if employee is not giving any notice period or info and joins somewhere else then only you would be able to take any legal action against that employee.

Hope it will help you if any further query then please contact.

dagarlr - Member Since: Oct 2009
Yes, it is quite good for both the employee as well as the employer that the employee has to compensate the employer for next 20 days in which he has to find a new alternative to the same, so it is quite fair that he may demand the compensation .

Thanks n regards

Dagar

madhu.hr - Member Since: Dec 2007
Offer letter and Appointment letter is a contract of will. Either party can break it. One cannot force employees to stay with the company. We will have to sit with the employee, explain the consequences of not gettin a releiving letter if not served the notice period. Also mention that he will not get a food feedback from HR if background check verification is done. Dont be agreesive but persuasive.



Found This Useful? +Vote Up This Page Via Google.  

Why Vote? User validation is extremely important for good content to prosper.
Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.




Explore Topical Knowledge Areas

Interesting Relevant Discussions


DISCUSSSION STATISTICS


4180
VIEWS

30
REPLIES

PLEASE KEEP YOUR CONDUCT PROFESSIONAL AND POLITE


3M Users, 100K+ Documents & 450K+ Discussions

Share »

Community Support & Professional Insights. Login or Register.
Email/Username     Password  

About Us - Advertise - Contact Us - RSS   On Google+  
All trademarks and copyrights held by respective owners. Member comments are owned by the poster.
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network