Notice Period Issue - Notice Period Issues

Dear Frnds..
Just wanted to have some inputs about the issue of notice period.
We had hired a candidate 2 months back, he got all his salary til date. after taking all the things, he went to his native and says, he cant come and join again. and he is not ready to serve the notice period. Please advice on the same. how we can make him to serve the notice period.
any ideas..
regards
Dans

Dear Dans
as Mr.rockey said , you cannot make him serve notice period if he is unwilling. All that you can send him is a letter for whatever worth it is,claiming wages in lieu of notice from him and keep it on record to indicate that you have not terminated his service.
B.Saikumar
HR & LAbour LAw Advisor
Mumbai
09930532927

Hi,
Just hold on his salary and other payments...see how the employee comes back. This needs to be immediately done however.
Faye

Dear Dans,
1st of all kindly interact with the employee to know what made him to take such a desicion. Upon the genuiene/casual explanation of employee if you(Management):
1) If satisfied, then simply ask him to send a formal resignation from his end & waive-off notice period from your end.
2) If not satisfied, then stop all the settlements & then either ask him to pay shortfall of notice period or issue a legal notice.
Kindly correct me if I am wrong.
With regards,
Join Hands Hyderabad.

Hi,
since the employee has retuned to his native, it is impossible to make him serve the notice period. You need to send him a termination letter - keep records of the courier receipt for future. Do not pay any settlement.