Employee Left Without Notice: Should We Send a Legal Notice and How to Draft It?

Hi all,

When an employee leaves the organization without giving any notice, do we need to send a legal notice? If yes, could anyone please help me with how to draft the same.

Regards,
Srilatha

Hi Srilatha,

If any of the employee leaves the organisation without giving any notice, then before termination you can send warning letter to him, that you are absent absent without any information so return to work within 48 hours of getting this letter. And if he doesn't return to work then you can send him further notice of the same and after that you can send the termination letter. For youe reference sending you one format-

Warning Letter in case of absence without information

21st November 2005

To

Mr.

Designation:.

Sub. – Warning Letter

Mr.

It has been observed that you have proceeded on leave without prior permission of the concerned authorities, resulting in willful insubordination and gross negligence of duties, in your capacity as Designation.



Absenting yourself from duties without prior intimation is a misconduct for which you are making yourself liable for necessary action.

You are hereby warned to refrain from such activities; failure to do so shall invoke appropriate action.

You are further advised to submit a written explanation on your unauthorized leave as soon as you receive this letter or as soon as you resume duties.

Kindly treat this as very urgent.

For Company Name

Name:

Designation:

You can follow the same format for the same.

Regards,

Amit Seth. [Login to view]

Hi Srilatha,

To avoid/reduce such incidents, a thorough reference check should be done with at least the last two companies, and once the candidate joins, a check with the last company should be conducted. This will help you determine whether the candidate is genuine or not.

Hope this helps.

Regards,
Richa

Hi Srilatha,

A reference check with the professors and/or college will prove beneficial.

Hope it helps.

Regards,
Richa

Hi Richa,

I hope you had a wonderful weekend! :)

Verifying with college professors is a new idea. We should try to implement it. On the flip side, do you think college faculty will take responsibility for the students after they have completed the course, unless it is for campus selection?

Regards,
Srilatha

Hi Srilatha,

I had a wonderful weekend, thank you. I hope you had a great weekend too.

Reference check/verification with college professors has its own benefits. The professors will not give false glowing reviews as they have to bear in mind the reputation of the college and the repercussions false reviews could cause. Hence, it's wise to do a reference check/verification of freshers with the college faculty.

Hope this helps.

Richa

Hi Srilatha,

Up to the warning, it is okay. But do not terminate because if you terminate, then you will not be able to recover one month notice pay (recovery of the notice pay can be done if the employee leaves on their own without serving the notice period. In termination, the employer terminates the services).

Therefore, after the warning, serve a notice for the recovery of the notice period.

In the notice, first say:

"You have been absenting yourself without authorization or approval since [mention date]. In this regard, you were sent a warning letter dated [mention date] by registered post to which you did not respond. The same letter was also emailed to you, to which you also did not respond. Therefore, we are left with no alternative but to assume that you have left the services of the company of your own accord without serving the notice period.

We, therefore, serve you notice to deposit a sum of Rs. [mention amount] with the company within 10 days of receiving this letter towards the notice pay which you are liable to pay to the company as per clause [mention clause] of your appointment letter number [mention number] dated [mention date], which is reproduced below for your reference and convenience:

"[mention clause of appointment letter]".

Kindly note that if you fail to deposit the required sum towards the notice pay within the stipulated time, we shall have no alternative but to take legal action against you.

In case the company is forced to take legal action against you, it shall be solely your responsibility (and not the responsibility of the company). Therefore, the legal costs incurred by the company to recover the notice pay from you shall also be recoverable from you."

KKT

Dear KKT

HI... Iam Mridula , new member of the HR Community.

i am facing one problem in my company regarding the notice period.

One of our employee has resigned and after two days he backed from his words and again he resigned and mentioned that he wants to serve his notice period.

In his appointment letter it is mentioned that

"In case you wish to leave our employment, you will be required to give us one month's notice in writing or one month's salary in lieu of such notice. Similarly, if the Company desires to terminate your services for any reason whatsoever, it will be free to do so after giving you one month's notice in writing or one month's salary in lieu of such notice"

but Management said not to serve notice period VERBALLY and paid him salary only for the working month. and he had signed on his NDC that he had no dues pending against Company.

Now after two months he is sending a notice to the company that they did not give his notice period amount.

When i had word with him on my level he toldme that he had given bogus signature on NDC. I matched his NDC signature with all his earlier signature made even on Appointment letter, were the same.

So Could you guide me what would be the result of this case whether in favour of Co. OR EMPLOYEE.

Regds

Mridula

Dear Mridula,

In this case, even if the ex-employee claims that his signatures are bogus, the handwriting is definitely his. So do not worry about this issue.

Nowhere does it indicate that his services were terminated. The question of providing him with the notice period amount will arise only in the case of termination.

If he resigns and states that he will serve his notice period, your appointment letter does not specify that he cannot be relieved early. Therefore, the terms of appointment are not violated. So, do not worry.

KKT

Dear KKT,

Thank you for your advice. I am a new user of this site and I was under the impression that responses would be delivered to my INBOX. Today, I discovered this was not the case.

Mridula

If any books on legal drafting matter? If there is a book available in the market, could you please suggest the name of a handbook?