Employee Resigned on Last Day and Left Without Settling Dues – Can We Take Legal Action?

Dear All,

Looking forward to your advice on the following issue:

Our employment agreement has a notice period of one month from either side. One of our employees submitted his resignation on the last day of the month and left the service before we relieved him, stating that we should deduct the last month's salary as his notice pay. Now, he is not coming online to settle his account as he has to repay the advance taken from the company and hand over the documents to the company.

Kindly suggest to me, can we take any legal action against him, and what should be the legal action we can take?

Regards, Debajyoti

First, you give him a legal notice for making the payments (notice period, etc.). If he does not comply, file a suit for recovery before the appropriate court.

Dear,

Definitely, you can take action against him for breach of contract as he has not paid one month's notice pay, but there is no use because our legal procedures are so lengthy. It will take years together without any result. All companies face this problem.

Thanks,
JS Malik

Than what is the solution?

If all the employees will behave like this, then why do we mention a notice period for both sides? If one employee is fired, then they take the employer to the labor court... but what about vice versa? Why do we, the HR people, have to surrender without taking any action against these kinds of people?

As per my knowledge, this is a serious problem nowadays that we are facing in our day-to-day activities. We have to think and act seriously; else it will be...

Love to see your views.

Regards,
Debajyoti