Labour Law & Hr Consultant
Kritarth Consulting
Posh Programs; Hr Management Consultants
Retired Government Servant/advocate
Sandhya Arya
Hr Specialist

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Hello Everyone,
If a candidate even after signing the contract leaves the company suddenly within 15-20 days from his joining date without giving a legitimate reason then what to do? Because it is very difficult to take legal action against such candidates for a small company. Please suggest some corrective actions to avoid such situations.

If We Do not Find a Path or Make One does not Entitle us, in our Country Indian Republic (Where Rule of Law is the Constituional Foundation which is Florishing every passing Single Day.
Kritarth Team,
Bengaluru Offce

Dear Sandhya,
Basically employment is a contract between the employer and the employee for a limited period as agreed to by both. Therefore, both have the right to unilateral termination of the contract before its period of expiry subject to the terms and conditions specified in the contract. When the employee exercises such a right on his own for whatever reasons, it is called resignation and in case by the employer, other than as a measure of disciplinary action, it is called discharge or retrenchment. Normally, the exercise of such an option is restricted by the notice clause specified in the contract or the provision of the employment law applicable. When it is not adhered to by any one of the parties, it tantamounts to breach of contract. If such a breach is attributable to the employer, it is called illegal termination of employment which would result in reinstatement with back wages and attendant benefits or award of damages to the employee depending on his employment nature. If it is attributable to the employee, the employer can insist on payment of a certain sum in lieu of notice , refuse to accept the resignation and in case of non compliance by the employee, take disciplinary action that may result in dismissal for unauthorised absence or abandonment of job. Besides, in the event of the employer imparting some sort of training to the new recruit for some time on the job, he can insist on the execution of employment bond requiring the employee to serve for a certain minimum period of time after such training or to pay the value of money invested by him in such training as liquidated damages for non compliance in case of earlier resignation or abandonment. Therefore, holding of the certificates of educational qualification of the employee is not only illegal but also unethical.

Our country is governed by Rule of Law; for any person, there is scope for being wiser than the law.
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