Employees Skipping Notice Period: What Legal Steps Can We Take to Address This Issue?

Dear Seniors,

Please guide me as I am facing a problem for a long time. We have a 2-month notice period in our company, but after receiving their salary, some employees leave the company without serving their notice period.

Kindly suggest what legal actions we can take against them.

Thanks

Hi Buddy,

If the above-mentioned things happen often, then you have to introspect where you have shortcomings. I suggest two ideas that can be used to overcome the problem:

1. Don't issue the service certificate until finishing the notice period.
2. Don't finish the F&F until finishing the notice period.

However, the above-mentioned suggestions become void if any person pays for the notice period in lieu of serving it.

With Regards,
Mr. Thumbs Up

Hi Deepali,

I was also facing the same problem in my company. But now we have a rule that the person who is going to join our company has to submit their original degree certificate/mark sheet. We return it when they are relieved from our organization.

Recovering Notice Pay from Employees

The law allows you to recover the notice pay from employees who leave without notice. Further, if the unplanned departure has caused any direct loss (not loss of profit), you can recover that as well. You can send a legal notice, and if the person does not pay, you can file a case in the small causes court for recovery of the money. All this costs money with lawyer's fees and other costs. However, the cost for the employee is much higher, and disruption in their work life is also a critical impact for them.

If you wish to be more assertive, you can find out where they are currently working and send a notice to their current employer. However, you need to ensure that your own documentation is clear and strong.

Regards

Tweety,

Your policy and procedure are inadequate, and in the event of certificate loss, you may face significant consequences. Please review the previous posts concerning this issue.