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arunkumar chennai
Hi, Can anyone provide me the format for legal notice to an absconding employee?
From India, Chennai
umakanthan53
6016

Dear Arun Kumar,
"Legal Notice" is a notice issued by a person to another through a practicing Lawyer conveying to do something or to refrain from doing something when any transaction between the two comes to a state of standstill. Hence it is the duty of a Lawyer engaged for the purpose to draft the notice accordingly with the relevant particulars.
In as much as the notice you mean is only a notice to be issued by the employer to an absconding employee demanding resumption of his duty forthwith together with his explanation for his unauthorized absence, the issuance of a legal notice is not the requirement of the hour.
What you have to do now, therefore, is sending a notice to his last known address asking him to report for duty on or before a particular date with his explanation for the unauthorized absence from the date he failed to report and the failure if any by him would result in disciplinary action against him as per the Standing Orders or the Service Regulations of the organization.

From India, Salem
Kritarth Consulting
200

Please proceed as prescribed in your Codified Servic Rules OR Standing Orders, as the case may be, including the following Sequence of Action-Steps:
Issue a Charge-Sheet or Letter, by Regt Post AD, to Permanent Home and Local Postal Addresses, Seeking Written Explanantion as to Why Disciplinary Action, for his/her Act of Miscondut of Abensting from Duty without any information and or prior permission Explanantion, should NOT BE taken as per prescribed Service Rules or CSO;
On receipt of Written Explanation OR in absence of written Explanation say within Seven Days from the Date of Issue of Exp Letter OR Returnof theRegisterd Cover/Envelope with Postal Remark... "Addresse Not Found at the Address OR ....."Addresse Refused to Receive the Regd Enveelope......";
Issue an Office Order, signed by the Punishing Authority, appointing an Inquiry Officer to enquire into the Charge-Sheet and or the Written Explanation, in accordance with the Principles of Natural Justice and the Procedures laid down by Apex Court from time to time a for such Domestic /Internal Inquiries; and
Nominate any Supervisory/Managerial Staff Membr to Present the Management's Case before the Inquiry Officer, as Management Representative; and
The Inquiry Proceeding may proceed Ex Parte in case the delinquent Employee abstain from participating in Inquiry and On Comletion of the Inquiry, the Inquiry Officer shall submit his/her Inquiry Report with Definite and Conclusive Findings, to the Punishing Authority who shall "Apply his /her Mind" and decide the Quantum of Proportionate Punishment the Act of Proven Miscoduct.
Kritarth Team is Available for ay assistance.
Sharan, Kritarth Team,
22.9.18

From India, Delhi
Anonymous
Employee has not collected his offer Letter from the Organization and has absconded taking his salary and refused that he will not come to serve the notice.'
which the reply from us has stated that we have issued compensation to him on regular basis and ID card to employ with.
we have written a Legal notice to him for Breach of Trust and cheating of IPC 406 for not sharing clients access credentials.
Please help if i can file a complaint against him.

From India, Mumbai
shreya-pan
Employee was under notice period and has absconded since then. We have sent him a notice via speed post to which he responded that he is unable to continue. Can you suggest if we can send him a termination letter from the organization or what should be our stand further?
From India, Noida
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