Can employer go against employee in criminal/ civil court? if employee has not served notice period.
From India
Manager - Human Resource
Adv. Manoj Liyonzon
Advocate, Chennai
Sakthi Sukumar
Sr. Officer Hr & Ir
+2 Others


Dear Sunil,
Yes, Employer can file case in civil court not in to criminal,as it is not crime..
but, if you wanted to file case again not serve the notice period by any employee, then i think you should check first the terms & condition of appiontment letter, which given to your employees, as i believ that, most of the companies are putted one clause for short fall notice period, which you must have also added, as like, in case of failure to served the said notice period or any short falls period shall be recover from his salary.
In that case, if his dues are still pending with company then, company can recover from it & then employer can't file any civil case against him. but, if there is nothing any dues are pending or can't be recover from his salary then, you may send him the formal notice of recovery & get it recover, if still he doesnt pay, then you may file the civil case against him.
Tushar Swar

From India, Mumbai
Sakthi Sukumar

Mr. Tushwar,
Again I have also 1 doubt......
If the employer could adjust an employee salary who has not served notice period in that situation can employee get his salary through adjudication because he has worked moreover PF n ESI how could employer can pay if the employee filled a case w.r.t to EPF&MP act 1952 wat ll be the solution?????
Pls share

From India, Mumbai

Dear Sakthi,
Post deduction of PF & ESIC, whaterver amount is derived, from that amount notice period shall be recover, so, there is nothing any affect to PF & ESIC contribution for the non serving of notice period,
Post all deduction, if anything is still derive to payble amount, then that amount shall be pay to employee.
Tushar Swar

From India, Mumbai

Hi all,
If employee doesn't give notice one month prior to leaving the employment as agreed and employer suffers losses due to that and if the employee was informed in advance that such losses are likely, he can be sued for damages.
Sameer Paranjape, Advocate
Labour Law Consultant, Pune

From India, Pune
White Eagle

White Eagle: legal aspect for Notice pay
From India, Hyderabad
Adv. Manoj Liyonzon

-failure to serve notice period shall be considered employee absconding.
-publish advertisement in a local news paper, seeking employee to report company, since absconding
-subsequently lodge an absconding complaint, with the same, & copy of advertisemnt, send a notice to
employee to compensate the loss & to report to your company.
-failing which you can sue him thru civil proceedings, with absconding criminal complaint & advertisemnt
as supportive document.

From India, Chennai

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