Dear Seniors, I just wanted to know whether it is possible to send Legal Notice to Employees who have not served their notice period. Regrads, Riyu Grewal
From India, Mumbai
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1From India, Mumbai
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Those employees who have not served the notice period have evidently committed a breach of their contract. If their salary dues and other entitlements like EL encashment are available, you can adjust these in the full and final settlement. However, if they have absconded without giving notice period dues, then for the recovery of the notice period, you have to give a legal notice for filing a civil suit in court.
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Regards
From India, New Delhi
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From India, New Delhi
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Subject: Regarding Employee Notice Period Issue
Hi Sushil, thanks for the response. The employee has sent an email stating that he will not serve the notice period and is willing to surrender his salary.
According to the company's policy, the alternative to serving the notice period is surrendering the salary. However, in this specific case, the company cannot release him because the employee holds a senior position and is responsible for several critical tasks. It is not feasible to arrange for his replacement within a day.
Despite these circumstances, can we send him a legal notice since he is not reporting to the site currently?
Regards,
Riyu Grewal
From India, Mumbai
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Hi Sushil, thanks for the response. The employee has sent an email stating that he will not serve the notice period and is willing to surrender his salary.
According to the company's policy, the alternative to serving the notice period is surrendering the salary. However, in this specific case, the company cannot release him because the employee holds a senior position and is responsible for several critical tasks. It is not feasible to arrange for his replacement within a day.
Despite these circumstances, can we send him a legal notice since he is not reporting to the site currently?
Regards,
Riyu Grewal
From India, Mumbai
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There are cases where one can be refused relieving because of the urgent nature of a task pending completion. However, it can be for a reasonable period. If he refuses, then you can take disciplinary action for absence. Another ground for the refusal of acceptance of resignation is in contemplation of inquiry proceedings.
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Regards
From India, New Delhi
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Thanks
Regards
From India, New Delhi
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It appears he is absconding, a "no show" at the site. I think you have already delayed issuing a notice to him to report. Check with your terms of appointment issued and accepted by him about the notice period based on which you can act. There is no other way to make him respond. Better withhold all his dues and reply to his mail and by post without delay.
From India, Bangalore
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From India, Bangalore
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One more important aspect is whether that employee is covered by the Shops and Establishment Act of a state. If so, there are provisions wherein you are bound to release him after adjusting the dues. This is notwithstanding your contract with him. Please ascertain the applicability of the Act.
Thank you.
From India, New Delhi
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Thank you.
From India, New Delhi
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Notice of Employee Change.doc
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf