Dear professionals, The employee is working as a senior salesperson and suddenly left the company without any information. What kind of legal action can be taken against him, and how should we handle this issue? This industry falls under The Tamilnadu Shops and Establishment Act.
Additional Queries
1. When an employee requests leave from the company, is he required to provide one month's notice or give one month's salary?
2. What are the legal grounds for issuing a show-cause notice for absenteeism?
I am eagerly awaiting your response and would like to express my gratitude in advance.
With regards, P. Jkumar - [Phone Number Removed For Privacy-Reasons]
From India, Coimbatore
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Additional Queries
1. When an employee requests leave from the company, is he required to provide one month's notice or give one month's salary?
2. What are the legal grounds for issuing a show-cause notice for absenteeism?
I am eagerly awaiting your response and would like to express my gratitude in advance.
With regards, P. Jkumar - [Phone Number Removed For Privacy-Reasons]
From India, Coimbatore
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Dear P J Kumar, refer to the terms of appointment for the clause on resignation, notice period, and notice pay. Issue him an intimation stating that he is absent without prior notification and authorized approval; hence, he shall report on duty by the specified date. If he fails to do so, issue him a show cause notice stating that he has not responded to the intimation issued and has continued to remain absent without authorization. If he does not report by the deadline, appropriate action will be taken against him.
If he still fails to comply, terminate his service with payment of one or two months' notice pay (as per the terms of appointment) and issue a relieving letter with full and final settlement. Alternatively, in lieu of step 3, you can wait for a longer duration, issue one more intimation, and thereafter consider the case as "absconded" or abandonment of services, leading to his relieving.
Regards, Shailesh Parikh
[Phone Number Removed For Privacy-Reasons]
Vadodara
From India, Mumbai
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305If he still fails to comply, terminate his service with payment of one or two months' notice pay (as per the terms of appointment) and issue a relieving letter with full and final settlement. Alternatively, in lieu of step 3, you can wait for a longer duration, issue one more intimation, and thereafter consider the case as "absconded" or abandonment of services, leading to his relieving.
Regards, Shailesh Parikh
[Phone Number Removed For Privacy-Reasons]
Vadodara
From India, Mumbai
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Legal Notice for Breach of Notice Period .docx
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