Employee Resigned with Short Notice: Can We Take Legal Action or What Are Our Options?

Dear Seniors,

I want to know if an employee resigns with 10 days' notice instead of 30 days, can we take any legal steps against the employee? If not, then what else can an employer do? The employee has worked for 16 years in the company... It's very urgent, please help.

Thank you.

Notice period is normally insisted upon to avoid unwanted attrition. It is acceptable for a person who has just joined or is leaving after attaining costly training sessions, but it is not desirable to ask for notice pay from an employee who has been with you for the last sixteen long years. I advise waiving the notice period and relieving him. However, it is up to the employer to be positive, and there are employers who even opt for the deduction of notice pay (one month's salary) from the amount due to the employee by way of gratuity and other settlements.

Regards,
Madhu.T.K