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
From India, Delhi
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5I 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
From India, Delhi
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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
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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
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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
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From India, Mumbai
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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
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From India, Mumbai
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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
From India, Delhi
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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
From India, Delhi
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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
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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
From India, Mumbai
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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
From India, Mumbai
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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
From India, Bangalore
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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
From India, Bangalore
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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
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From India, Mumbai
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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?
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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?
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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.
From India, Madras
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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.
From India, Madras
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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
From India, Bangalore
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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
From India, Bangalore
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