Employee under a lot of mental stress not willing to serve notice or pay in lieu - CiteHR
Riteshmaity
Labour Law Advocate
Saravanan_d_
Senior Manager - Statutory Compliance

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Dear Seniors, One Of Our Employee had Joined Recently And today she has Resigned Station That she Is Having Some Family Issue. We Accepted Her Resignation And Asked Her To Serve The Notice Period. She refused to serve notice period. Looking at her mental stress we agreed to relieve her on payment of lieu. But she is now refusing to do the payment. Management Is Asking To Take A Legal Action Is It Possible To Take Action Immediately? Kindly Suggest What Best Can Be Done In This Scenario. Thanks in advance.
Send her a notice to serve the notice period or to pay the money. State that if she refuse to do so, then the company is liable to take necessary action. Don't forget to mention an end date.
Next step, prepare the full and final settlement, considering her as an absconder and send another letter that you consider her as an absconder and she is liable for the company for this amount.
Next step, you can send a legal notice (or a letter looks like a legal notice).
Speak to your management for the next step (Going legal). State whether it is useful to invest the time and money on this case. Then, take the next step or close the issue.

Mr. SARAVANAN_D_ has well advised. I would like to mention here that there is no term as absconder in labour laws. Since the management has accepted the resignation, she can't be technically called absconding.
However, you can take the following steps.
1. Upon acceptance of her resignation, ask her to either serve notice period or pay notice pay.
2. If she does not serve notice period, then ask her to pay notice pay within a particular period.
3. If she does not pay notice pay within the particular, then adjust such amount of notice pay from her full & final settlement.
4. If there is still an amount due from her after adjustment, then you may send a legal notice demanding such amount within a week or so.
5. Still if she does not comply, you may move to court for recovery of the same.

The period of her services with your company is not mentioned, recently means whether she completed her probation period or not. If she is under probation please mention the termination clause as well. In most case of the probation there is no notice period.
Secondly you have mentioned that she is having a family problem hence she quit, and is also having mental stress do you still want to harass her for the notice pay too, please check with your management once again. What is the amount of recovery wherein the management is asking to go legal, is it worthwhile. Last but not the least what was the reason mentioned in the Resignation letter ?? if it states mental stress instead of family problem then take advise from a lawyer before proceeding for legal as it may bounce back.

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