Dear Expert,
A few of our employees joined another company without availing themselves of the one-month notice period as per their employment contract. After receiving their salaries, they left the company and sent a formal resignation, absconding from their jobs. As we have already sent the notice via email to individuals to avail themselves of the notice period or submit the amount towards it, what action can we take against them legally?
Please suggest your valuable suggestions.
From India, Mohali
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2A few of our employees joined another company without availing themselves of the one-month notice period as per their employment contract. After receiving their salaries, they left the company and sent a formal resignation, absconding from their jobs. As we have already sent the notice via email to individuals to avail themselves of the notice period or submit the amount towards it, what action can we take against them legally?
Please suggest your valuable suggestions.
From India, Mohali
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If they were not employees holding managerial responsibilities, the maximum that you can do is to put a remark in their relieving documents that they left service without notice and without proper handing over. You cannot take any legal action even if the contract of employment provides for one/two/three months' notice period because under the Industrial Disputes Act, which regulates employment, non-employment, disputes relating to employment, etc., there is no mention that an employee should give notice to the employer before leaving the company.
From India, Kannur
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From India, Kannur
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Legal Notice for Breach of Notice Period .docx