New Hire Quit Without Notice – What Legal Steps Can We Take to Address This?

Dear all,

I am working in an IT company. 15 days ago, we hired a new employee for our development team, and on Monday, he submitted his resignation. Now, my question is - he received his salary on the 7th of September and did not provide any notice period to the company. According to the company's policy, confirmed employees are required to serve a two-month notice period. Could you please help and guide me on the legal actions or any legal notice that can be taken against him?

It's very urgent. If anyone has a copy of a legal notice, please send it across.

Thanks and Regards,

Richa
email: ric_ha82@yahoo.com

Hi all,

My question is also related to the same topic. If a person leaves the organization during the probation period and had signed a document during joining which mentions that if he leaves the company within the probation period, he has to pay Rs 20,000 and 45 days' salary, is there any law to sue that employee?

I would be thankful if any of you could clear my doubt.

Regards,
Shraddha Joshi

Hi Shraddha,

I would like to know whether the employee has signed any employment bond or if it was just on the letterhead of the company, which has been accepted by the employee.

Regards,
Prasad

Hi Richa,

I think your question is not clear. I don't understand how the employee was confirmed within 15 days. Could you please provide a clearer question?

Regards,
Prasad

Dear Prasad,

I think it's a clear question. He has been hired in a mid-level position, so he was a confirmed employee. We have a probation period only for junior-level or for freshers. I think my question is pretty clear.

Regards,
Richa

Dear Prasad,

If a person has signed the employee bond, is the employee liable to pay the amount as mentioned in the papers signed by him?

Regards,
Shraddha

Hi Shraddha,

If this is the case, you may serve a legal notice to the concerned employee. In cases where the employees are absconding without serving the notice period or without paying the notice pay in lieu of such notices, can definitely be sued.

Regards,
Prasad

Dear,

It is your option to leave with or without complying with the notice period, and it is the right of Management to take legal action. At best, they may claim damages, which they will have to prove in a Court of Law, and you can resist their claim. The Court will come to a just conclusion, and at best, you will have to satisfy that award. There is a provision in the Specific Relief Act that excludes specific performance of Contracts of personal service. At best, they will claim damages, which are subject to Judicial adjudication.

With Regards

V. Sounder Rajan

Email: rajanassociates@eth.net

Dear Mr. Rajan,

Thank you very much for the valuable information.

My next question is, can the company deny me an experience letter? I am already not expecting a relieving letter.

Regards, Yatin Taneja

Hi, I have a friend who needs advice. She resigned and left the job even though the resignation was not accepted. She did not serve the notice period. Now she's working with a different company and has recently received a Legal Notice advising her to compensate with a lakh of rupees. As per her appointment letter, she is only liable to pay a month's salary, which is around 30,000. She is not interested in a relieving letter from her previous employer and is upset as they are harassing her to pay the amount.

Does the former employer have a right to take legal action as she had informed about her exit from the company and technically wasn't absconding? Since they did not accept the resignation, she had no choice but to leave the company. What kind of action can she take?

Hi,

My friend recently joined an ITES company. He did not receive the relieving letter from his previous employer. After joining the new company, HR mentioned that if he did not produce the relieving letter, he would be asked to leave. This made him angry, so he sent a resignation email from his personal ID. Now, after 2 months, the company has sent a letter stating that they may terminate him and take legal action.

1) What legal action can they take?
2) My friend has no bond; only a salary was given, and he sent a resignation letter. Additionally, how can he defend himself? He mentions he did not even sign the terms and conditions in the offer letter. Please advise.

Thank you.

Hi Rekha,

I am Rekha. I am working as HR in a telecom networking company. We have contract employees in our company. Some of the new joiners will work for 3 days and leave without informing, and after one month, they claim 3 days' salary for the work done.

My question is, why should we pay a person who works for 3 days and then leaves without informing? I just want to understand if there is any clause in labor laws stating that we have to pay contract laborers even if they leave without informing or without serving any notice period, despite mentioning in the offer letter to serve a notice period of 15 days.

Rekha

Hi all,

If an employee left the company without resigning and with final settlement, can he rejoin the company after a long time?

Thanks in advance for your answer.

Lalitha