Dear Friends, Pls advise if employee left the organization without serving notice period as mentioned in appointment letter, what legal remedies available. If an employee resigned just after salary credit and without any prior discussion with either HR or Dept Head. What legal action can we take and which court of law should we approach to recover notice salary
Thanks & Regards

From India, Noida
Hr Manager
Doctor Siva Global Hr
Assistant General Manager - Hr


Practically speaking, you can not do anything.

However, you can hold issuing Service certificate/experience certificate, relieving letter, or
delaying in F&F settlements and adjust the notice period - but these are off - the track ...

Now, you can write to them and request them to pay back the notice period

From India, Aizawl
Dear Colleague,
This is unfair on the part of employee that " Just like that Waling Out" from an organization. This is ethically, morally, legally not a correct practice. Employer has every right to file a Civil Suit for breach of Contract. But, my personal advice is that it is a futile exercise for which you need to devote lot of time and energy/ cost for no or minute result. Hence you may think of :

- Consider to relieve him from services at once with a mention in the relieving letter that not served notice period and breached terms of employment and the Management reserves considering taking suitable legal process at any point of time

-Complete F&F and show recoverable notice pay as outstanding from the employee and document it for any future action.

- Ensure collecting company assets if any with him through suitable means including filing FIR as required if some valuables are with him.

- Black list such employee from re-hiring in future in the organization

Overall send a balanced message to other employees without losing the image of employer and handle with all positivity in this case. There are such incidents everywhere in the present world and the experts to think including suitable clauses in the Legal Provisions for resolving such disputes between employer and employees who are not covered under ID Act. But Long way to go.

From India, Chennai
First send him/her a legal notice. If no response to the legal notice, then a civil suit can be instituted against the employee. - S. K. Mittal 9319956443
From India, Faridabad

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