Dear all,
I am working in an IT company.15 days back we have hired a new employee in our development team, and on monday he has served his resignation. Now my question is.....He has got his salary on 7th of septmber and also he havent given even a single day notice period to company. As per company's policy, for confirmed employees its mandatory to serve two months notice. so please help and guide me about legal action or any legal notice to be taken against him.
its vry urgen if anybody have a copy of legal notice kindly send accross.
Thanks
Regards
Richa
From India, Delhi
5I am working in an IT company.15 days back we have hired a new employee in our development team, and on monday he has served his resignation. Now my question is.....He has got his salary on 7th of septmber and also he havent given even a single day notice period to company. As per company's policy, for confirmed employees its mandatory to serve two months notice. so please help and guide me about legal action or any legal notice to be taken against him.
its vry urgen if anybody have a copy of legal notice kindly send accross.
Thanks
Regards
Richa
From India, Delhi
hi all
my question is also related to the same topic , my question is if person leave the oragnization in probation period n at the time of joing he has signed the document which mention that if he will leave the company in probation period he has to pay Rs 20000 n 45 days salary, so is there is any law to sue that employee if he leave during probation?
ill be thank full if any of u clear my doubt.
regards
Shraddha joshi
my question is also related to the same topic , my question is if person leave the oragnization in probation period n at the time of joing he has signed the document which mention that if he will leave the company in probation period he has to pay Rs 20000 n 45 days salary, so is there is any law to sue that employee if he leave during probation?
ill be thank full if any of u clear my doubt.
regards
Shraddha joshi
Hi Shraddha I would like to know whether the employee has signed any Employment bond or it was just on the letter head of the company which has been accepted by the employee. Regards Prasad
From India, Mumbai
From India, Mumbai
Hi Richa I think ur question is not clear one. I dont understand as to how within 15 days the employee was confirmed. Requested to put clear question. Regards Prasad
From India, Mumbai
From India, Mumbai
Dear prasad !!!
I think its a clear question....hes been hired in a mid level position so he ws a confirmed employee. we have probation period only for junior level or for freshers. i think my question is pretty clear.
Regards
Richa
From India, Delhi
I think its a clear question....hes been hired in a mid level position so he ws a confirmed employee. we have probation period only for junior level or for freshers. i think my question is pretty clear.
Regards
Richa
From India, Delhi
dear Prasad, if person has signed the employee bond wheather the employee is liable to pay the amt 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 definately be sued.
Regards
Prasad
From India, Mumbai
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 definately be sued.
Regards
Prasad
From India, Mumbai
Dear
It is your option to leave with/without complying with the notice period & 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 & you can resist their claim & Court will come to a just conclusion & at best you will have to satisfy that award.There is a provision in the Specific Relief Act which excludes specific performance of Contracts pof personal service & at best they will claim damages which is subject to Judicial adjudication.
With Regards
V.Sounder Rajan
E-mail :
From India, Bangalore
It is your option to leave with/without complying with the notice period & 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 & you can resist their claim & Court will come to a just conclusion & at best you will have to satisfy that award.There is a provision in the Specific Relief Act which excludes specific performance of Contracts pof personal service & at best they will claim damages which is subject to Judicial adjudication.
With Regards
V.Sounder Rajan
E-mail :
From India, Bangalore
Dear Mr. Rajan, Thanks a lot for the valuable information. My next question is that can the company deny me experience letter. I am already not expecting a relieving letter. Regards, Yatin Taneja
From India, Mumbai
From India, Mumbai
Hi,
I have a friend who needs advice. She resigned & 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 & has recently recieved a Legal Notice advising her to compensate with a Lakh of rupees. As per her appointment letter she is only liable to pay a months salary which is around 30,000. She is not interested in a relieving letter from her previous employer & is upset as they are harassing her to pay the amount.
Does the X employer have a right to take legal action as she had informed about her exit from the company & technicall 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?
I have a friend who needs advice. She resigned & 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 & has recently recieved a Legal Notice advising her to compensate with a Lakh of rupees. As per her appointment letter she is only liable to pay a months salary which is around 30,000. She is not interested in a relieving letter from her previous employer & is upset as they are harassing her to pay the amount.
Does the X employer have a right to take legal action as she had informed about her exit from the company & technicall 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?
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