Sending Legal Notice - CiteHR
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Asso.prof.(commerce & Management) Pg
Sushilkluthra@gmail.com
Consultant In Legal Matters
+1 Other

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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
Dear Riyu,
Those employees who have not served the notice period have evidently committed breach of their contract. If their salary dues and other dues like EL encashment are available, you can adjust these in full and final settlement. But if they have absconded without giving notice period dues then for recovery of notice period you have to give legal notice for filing civil suit in court.
Thanks

@Sushilkluthra@Gmail.Com
Hi Sushil,
Thanks for the revert. The thing is employee has sent an email stating that he will not serve the notice period and that he is ready to surrender his salary.
According, to companies policy the other option apart from serving notice period is surrender of salary.
But, here in this case the comapny can't relieve him as the position that the employee holding was of senior position and there are many critical task which he was taking care of.
It is not possible to arrange for his replacement within one day. Inspite of all this can we send him legal notice as he is not reporting to site now.
Regards,
Riyu Grewal

Dear Riyu,
There are cases where one can be refused relieving because of urgent nature of task pending completion. But it can be for reasonable period. If he refuses then you can take disciplinary action for absence. The other ground of refusal of acceptance of resignation is in contemplation of inquiry proceedings.
Thanks

It appears he is absconding, "no show" at site. I think you have already delayed issuing a notice to him to report. Check with your terms of apptt. issued & accepted by him about the NP based on which you can act. There is no other way to make him to respond. Better withhold all his dues and reply to his mail & by post, without delay.
Dear Riyu,
One more important aspect is whether that employee is covered by shops and establishment enactment of a State. If so then there are provisions wherein you are bound to release him after adjusting the dues.this is notwithstanding your contract with him. Pl ascertain this applicability of Act.

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