Dear Seniors,
One of our employees recently joined, and today she has resigned stating that she is facing some family issues. We accepted her resignation and asked her to serve the notice period. However, she refused to serve the notice period. Considering her mental stress, we agreed to relieve her on payment in lieu. Unfortunately, she is now refusing to make the payment. Management is considering taking legal action. Is it possible to take immediate action? Kindly suggest the best course of action in this scenario.
Thanks in advance.
From India, Mangalore
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One of our employees recently joined, and today she has resigned stating that she is facing some family issues. We accepted her resignation and asked her to serve the notice period. However, she refused to serve the notice period. Considering her mental stress, we agreed to relieve her on payment in lieu. Unfortunately, she is now refusing to make the payment. Management is considering taking legal action. Is it possible to take immediate action? Kindly suggest the best course of action in this scenario.
Thanks in advance.
From India, Mangalore
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Send her a notice to serve the notice period or to pay the money. State that if she refuses to do so, then the company is liable to take necessary action. Don't forget to mention an end date.
Next step, prepare the full and final settlement, considering her as an absconder, and send another letter stating that you consider her as an absconder and that she is liable to the company for this amount.
Next step, you can send a legal notice (or a letter that looks like a legal notice).
Speak to your management for the next step (Going legal). State whether it is useful to invest the time and money in this case. Then, take the next step or close the issue.
From India, Chennai
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103Next step, prepare the full and final settlement, considering her as an absconder, and send another letter stating that you consider her as an absconder and that she is liable to the company for this amount.
Next step, you can send a legal notice (or a letter that looks like a legal notice).
Speak to your management for the next step (Going legal). State whether it is useful to invest the time and money in this case. Then, take the next step or close the issue.
From India, Chennai
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Mr. SARAVANAN_D_ has been well advised. I would like to mention here that there is no term as "absconder" in labor laws. Since the management has accepted the resignation, she can't be technically called absconding.
However, you can take the following steps:
1. Upon acceptance of her resignation, ask her to either serve the notice period or pay notice pay.
2. If she does not serve the notice period, then ask her to pay notice pay within a particular period.
3. If she does not pay notice pay within the particular period, then adjust such an amount of notice pay from her full & final settlement.
4. If there is still an amount due from her after adjustment, then you may send a legal notice demanding such an amount within a week or so.
5. Still, if she does not comply, you may move to court for the recovery of the same.
From India, Kolkata
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However, you can take the following steps:
1. Upon acceptance of her resignation, ask her to either serve the notice period or pay notice pay.
2. If she does not serve the notice period, then ask her to pay notice pay within a particular period.
3. If she does not pay notice pay within the particular period, then adjust such an amount of notice pay from her full & final settlement.
4. If there is still an amount due from her after adjustment, then you may send a legal notice demanding such an amount within a week or so.
5. Still, if she does not comply, you may move to court for the recovery of the same.
From India, Kolkata
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The period of her services with your company is not mentioned. "Recently" means whether she completed her probation period or not. If she is under probation, please mention the termination clause as well. In most cases of probation, there is no notice period.
Secondly, you have mentioned that she is having a family problem, hence she quit, and is also experiencing mental stress. Do you still want to pursue notice pay from her? Please check with your management once again. What is the amount of recovery for which the management is considering legal action? Is it worthwhile?
Last but not least, what reason was mentioned in the resignation letter? If it states "mental stress" instead of "family problem," seek advice from a lawyer before proceeding with legal action, as it may backfire.
From India, Ahmadabad
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Secondly, you have mentioned that she is having a family problem, hence she quit, and is also experiencing mental stress. Do you still want to pursue notice pay from her? Please check with your management once again. What is the amount of recovery for which the management is considering legal action? Is it worthwhile?
Last but not least, what reason was mentioned in the resignation letter? If it states "mental stress" instead of "family problem," seek advice from a lawyer before proceeding with legal action, as it may backfire.
From India, Ahmadabad
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Withdrawl of Resignation and Notice period.doc
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