Hi to all,
Can any one help me its urgent ?
One of our employees is leaving the job without giving the prior notice, and joining some other employer who was former our contractor. Now I would like to know, is it lawful or unlawful act of an employee, and if it is unlawful how can I take action on him. Under which act or rule we can take action against our own employee.
From India, Hubli
Can any one help me its urgent ?
One of our employees is leaving the job without giving the prior notice, and joining some other employer who was former our contractor. Now I would like to know, is it lawful or unlawful act of an employee, and if it is unlawful how can I take action on him. Under which act or rule we can take action against our own employee.
From India, Hubli
In the present case, the employee is leaving without proper notice and not without information.
If he is not serving the notice period, you can recover th enotice pay from him. If he refuses, you can adjust the same as part of his full & final settlement i.e against his salary for the last month and other dues, if any. However, please note that you should not adjust it against his statutory dues like PF, gratuity etc, in case he is eligible for it.
Hope this would help you.
Thanks & Regards,
Avika Kapoor
Kapgrow Corporate Advisory Services Pvt. Ltd.
Delhi
9310270884
From India, New Delhi
117If he is not serving the notice period, you can recover th enotice pay from him. If he refuses, you can adjust the same as part of his full & final settlement i.e against his salary for the last month and other dues, if any. However, please note that you should not adjust it against his statutory dues like PF, gratuity etc, in case he is eligible for it.
Hope this would help you.
Thanks & Regards,
Avika Kapoor
Kapgrow Corporate Advisory Services Pvt. Ltd.
Delhi
9310270884
From India, New Delhi
Thankx ! Avika Kapoor, In fact I would like to know is there an leagal act under which the action can be taken against the employee by the employer. Ayaz
From India, Hubli
From India, Hubli
For not serving notice period as Avika said you can adjust it to the F&F.Also you can send him a mail saying that according to his appointment letter he has to serve whatever notice period is required and infrom the person that in the event of not serving notice and absconding you will be issuing a termination letter. Regarding the legal action to be taken for joining your client you will have to check the appointment letter given to see if you have any clause saying that he can't join ur competitior or client if so u can send him a legal notice.But it is a very tedious process.
From India, Bangalore
From India, Bangalore
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