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...
20th October 2009 From India, Delhi

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Dear Riya, An employer can deduct the amount equivalent remained 20 days from Full & Final dues whatever it is. Sanjay Gupta
20th October 2009 From India, Delhi
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.



21st October 2009 From Saudi Arabia, Riyadh
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
21st October 2009 From India, Madras
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.
21st October 2009 From Zimbabwe
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).
21st October 2009 From India, Hyderabad
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.
21st October 2009 From India, Gurgaon
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.
21st October 2009 From India, Delhi
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
21st October 2009 From India, Ambala
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.
21st October 2009 From India, Madras

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