amar.salunkheDear experts, As an HR professional, I want to know what measures a small organization can have to deal with employees who do not serve notice period even if it was mentioned in the HR policies or in the appointment letter?
Generally, I have seen that most employers are reluctant to follow the legal procedures since they fear the lengthy legal procedures, waste of energy, and money involved in filing legal suits. Considering these problems employees take undue advantage of the situation of employers?
Is it really practical to file a suit against an absconded employee for not serving the notice period?
If yes, can an employer expect any positive result from such proceedings?
From India, Bhubaneswar
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
rkn61If you file a suit, then it will be a prolonged procedure.
Instead, you can be assertive to such employees in ensuring that they serve the notice
period. Else you give an indication to them to forego the salary in lieu of notice period.
Till the above procedure is completed, you can withhold their relieving letter and/or
From India, Aizawl
KK!HRA practical solution to the problem is to provide for arbitration by a named official in the offer of appointment itself. When it is felt that the employee has absconded, the arbitrator can be appointed. The arbitrator following due process gives award and the award has the effect of court order. It can be executed through the court having jurisdiction over the geographical place where the employee resides. The whole process can be completed in 4-6 months and the employee will come back with folded hands and settle the matter.This has been my personal experience.
From India, Mumbai
ranaq-senGoing the legal recourse way would be lengthy and may not bear much fruit to you in the long run.
It is better you follow the industry standard practise (for future cases) of sending absconding notice to the employees upon 7 days of absconding and on the 15th day you can issue him a termination letter.
Remember to add absconding clauses in the appointment letter, and these notices that you send out, must be sent to their residential addresses via post only.
From India, Bengaluru
Bhartiya AkhilDear KK!HR ji,
With due respect to you Sir, can we have arbitration clause in employment contract? I have a doubt. To my knowledge, no dispute arising from or related to employment contract shall be settled by arbitrator as per Indian Arbitration and Conciliation Act, 1996 and therefore the said clause in employment contract will have no place. I will appreciate if you enlighten us on this subject.
Enforcing discipline in any organisation is a prerogative of the employer. Who stops employer for not even sending a simple notice to such erring employees and asking him to give proper notice failing which stern legal action will follow?
Reluctant employers has to face with this and similar kind of indiscipline. They should not have any complaint against its employees.
From India, Mumbai