If an employee don't serve notice period? - CiteHR
Bharat Gera
Principal Hr Consultant
Insolvency N Gst Professional
Compliance Manager
+1 Other

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Dear All
Hope you doing good!
Here is my query against notice period,one of our employee did not serve notice period which is mention in our policy it is mandatory to serve and left organisation immediate basis
Now that person is asking for salary
What should we do?
Waiting for your reply

What salary is he asking for?
Pl make your query clear.
Employee X worked till ------(date) and left w/o notice.
He is asking for -----(number of days) salary.
This kind of query will make things easier to understand and give correct answer.

Left on 22 Jan 18
Salary of 22 days of Jan.

If notice period was specified in offer letter, then you can adjust notice period pay against pay for days worked.
Yes it was mention there 30 days notice period,
Dear Kiran,
You issue a letter to the concerned by stating the clause of notice period in appointment letter and also mention that the salary & other receivables are kept on hold in lieu of notice. You are at liberty, not to issue releive letter/experience letter.

If it is as simple as your letter, just do not give nothing to the guy. As your letter of employment clearly states that it is mandatory to fulfill the notice period and what if not done, you may invoke them when required. You can also hold back his relieving letter along with the salary.
Thank you everyone for suggestions and support
Will be asking more questions as will arise.

Dear Kiran,
1. There is nothing mandatory in an appointment letter which does not bind both the parties equally.
2. If you ask a person to go without notice period, what is the responsibility of employer and rights of sacked employee?
3. In every appointment contract there is always an exit clause, what it speaks of in the letter issued to that employee or any employee, can you share that clause here?
4. Please do his full & final settlement and recover the notice pay and pay the balance amount to him.
5. Issue a letter with complete details to the employee.
6. Please note if such clause is challenged in court of law, it will be struck down.
Warm Regards
Bharat Gera
HR Consultant

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