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Dear All, If any employee didn’t serve notice period and resigned from the company then what can the company do legally?
From India, Delhi

The Company has multiple options:

- Give a notice claiming notice pay and threaten legal action if not paid
- Pursue legal remedy in realising the notice period pay, issue a legal notice to all the addresses available with the company,
- Keep the relieving order, experience certificate in abeyance.
- Don't give a favourable reference check.
- Hold payments like last pay, bonus, leave salary etc.,

From India, Mumbai

For employees who left without serving notice period, employer can have alternatives like;

1. Do not process Full and Final Settlement
2. Do not share Experience Letter and Relieving Letter
3. Share written notice/warning to either serve the notice period or pay the defined amount on failing to do so.

These are the best ways to prevent any such actions in organization in future.

From India, Ahmedabad

Dear Colleague,
You can send notice advising the talent to complete the notice period formally. Failing which you may send legal notice calling for recovery of notice pay as per appointment order. My suggestion is that complete the F&F after adjusting the Notice Pay payable by the Employee which will be fulfilling your compliance requirements. After completion of the notice period if no response from employee side and if no company assets are in his custody then send reliving letter stating that the employee had left on his own accord without completing notice period and formal reliving. However for official records his last working day is ....................( mention date). This will cease his employment formally from the organization so that no further liability like Gratuity etc will continue.

What can be on hold may be the experience certificate. You may black list the employee for any re-hiring process in the company.

My suggestion is that use such resorts only if the employee is intentionally left without serving notice period. If there is genuine reason on the side of the Employee, then list to that also and support the talent in possible manner. After all it will give good positive sign to the organization and no one is indispensable in any company.

All the Best and God Bless
Doctor Siva Global HR
Tamil Nadu

From India, Chennai

I believe that notice in the private sector is a process in which the legal cannot do anything, only either give or take notice pay (notice period). It is a matter of not giving his relieving letter, not giving experience letter, all this is just a paperwork. Because many companies, if the person has quality and needs them, then they definitely keep it.
If we talk in the other aspect, when the company does not need it and a person is fired by the company, then does that employee say anything against that company? Never. So it is a matter to ponder over.
Only according to the appointment letter, you can recover the notice period of that person only and relieve that person from the company.
Because we should also think that he is also a human being and by not giving experience letter etc., we will only play with his life and nothing else. That's why it should never be done. We can't force anyone to work

You only have to recover the given notice period from its full and final payment.

From India, Rudarpur

Dear Friend,

You did not share the clauses exist in notice period matter. As per the law every employee needs to serve notice period or pay in lieu of the notice, if resigned from the company and the company relive the employee by providing relieving letter/service certificate with the F&F amount.

Over the period we come across regular posting both from candidates and HR professionals over the matter of notice period. The most candidates wants to leave much earlier than their notice period, which is not only bad but stands threat before their service carrier. Similarly, the employer do not consider the buy out option, when it is there in the clause without additional clauses/ do not issue relive letter or settle the F&F.

The employer can take legal action by suing with amount relates to notice period or any damages that caused for leaving the task unfinished or do not receive the materials issued to the employee before his last day of working. The employer should put the last date of notice period as Exit Date in EPFO portal.

From India, Mumbai
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