Hi All, When an employee leaves the organisation with out giving any Notice, Do we need to send a Legal Notice, If yes, could anyone pls help me abt how to draft the same. Regards Srilatha
From India, Hyderabad
9From India, Hyderabad
Hi Srilatha,
If any of the employee leaves the organisation without giving any notice, then before termination you can send warning letter to him, that you are absent absent without any information so return to work within 48 hours of getting this letter. And if he doesn't return to work then you can send him further notice of the same and after that you can send the termination letter. For youe reference sending you one format-
Warning Letter in case of absence without information
21st November 2005
To
Mr.
Designation:.
Sub. – Warning Letter
Mr.
It has been observed that you have proceeded on leave without prior permission of the concerned authorities, resulting in willful insubordination and gross negligence of duties, in your capacity as Designation.
Absenting yourself from duties without prior intimation is a misconduct for which you are making yourself liable for necessary action.
You are hereby warned to refrain from such activities; failure to do so shall invoke appropriate action.
You are further advised to submit a written explanation on your unauthorized leave as soon as you receive this letter or as soon as you resume duties.
Kindly treat this as very urgent.
For Company Name
Name:
Designation:
You can follow the same format for the same.
Regards,
Amit Seth.
From India, Ahmadabad
If any of the employee leaves the organisation without giving any notice, then before termination you can send warning letter to him, that you are absent absent without any information so return to work within 48 hours of getting this letter. And if he doesn't return to work then you can send him further notice of the same and after that you can send the termination letter. For youe reference sending you one format-
Warning Letter in case of absence without information
21st November 2005
To
Mr.
Designation:.
Sub. – Warning Letter
Mr.
It has been observed that you have proceeded on leave without prior permission of the concerned authorities, resulting in willful insubordination and gross negligence of duties, in your capacity as Designation.
Absenting yourself from duties without prior intimation is a misconduct for which you are making yourself liable for necessary action.
You are hereby warned to refrain from such activities; failure to do so shall invoke appropriate action.
You are further advised to submit a written explanation on your unauthorized leave as soon as you receive this letter or as soon as you resume duties.
Kindly treat this as very urgent.
For Company Name
Name:
Designation:
You can follow the same format for the same.
Regards,
Amit Seth.
From India, Ahmadabad
Hi Srilatha,
To avoid / reduce such incidents, a thorough reference check should be done with atleast the last 2 companies and once the candidate joins a check with the last company.
This will help you know whether the candidate is genuine or not.
Hope it helps.
Regards
Richa
From India, Pune
To avoid / reduce such incidents, a thorough reference check should be done with atleast the last 2 companies and once the candidate joins a check with the last company.
This will help you know whether the candidate is genuine or not.
Hope it helps.
Regards
Richa
From India, Pune
Hi Richa, Nice to check, you have a good point of view What you said is applicable to the persons with experience but what about the associates inducting as trainees
From India, Hyderabad
From India, Hyderabad
Hi Srilatha, A reference check with the professors and / or college will prove beneficial. Hope it helps. Regards Richa
From India, Pune
From India, Pune
Hi Richa,
Guess you had wonderfull weekend:)
Verification with the college professors is a new idea, should try to implement, but on the flip side do you think college faculty will take the responsibility for the students (unless it is a campus selection ) after they are done with the course.
Regards
Srilatha
From India, Hyderabad
Guess you had wonderfull weekend:)
Verification with the college professors is a new idea, should try to implement, but on the flip side do you think college faculty will take the responsibility for the students (unless it is a campus selection ) after they are done with the course.
Regards
Srilatha
From India, Hyderabad
Hi Srilatha,
I had a wonderful weekend, thank you.
Hope you too had a great weekend.
Reference check / verification with college professors has its own benefits. The professors will not give false glowing reviews as they have to bear in mind the repution of the college and repercussions false reviews could cause.
Hence, its wise to do a reference check / verification of freshers with the college faculty.
Hope it helps.
Richa
From India, Pune
I had a wonderful weekend, thank you.
Hope you too had a great weekend.
Reference check / verification with college professors has its own benefits. The professors will not give false glowing reviews as they have to bear in mind the repution of the college and repercussions false reviews could cause.
Hence, its wise to do a reference check / verification of freshers with the college faculty.
Hope it helps.
Richa
From India, Pune
Hi Srilatha,
Up to warning it is O.K. But do not terminate,because if you terminate then you will not be able to recover one month notice pay (recovery of notice pay can be done if employee leaves of his own without serving the notice period. In termination, employer terminates the services).
Therefore after warning, serve notice for recovery of notice period.
In the notice, first say
'you have been absenting unauthorisedly, without any intimation or approval from ---date. In this regard, you were sent a warning letter dated --- by registered post to which also you have not responded. The same letter was also mailed to you thru e-mail to which also you have not responded.Therefore we are left with no alternative but to assume that you have left the services of the Company on your free will but without serving notice period.
We therefore serve you a notice to deposit a sum of Rs. ---- with the Company within 10 days of receipt of this letter towards notice pay which you are liable to pay to the Company as per clause -- of your appointment letter number--- dated ---- which is reproduced below for your reference and convenience:
" <clause of appointment letter>.
Kindly note that if you fail to deposit the required sum towards notice pay within stipulated time, we shall have no alternative but to take legal action against you.
In case Company is forced to take legal action against you, it shall be solely your responsibility (and not the responsibility of the Company) and therefore the legal costs incurred by the Company to recover notice pay from you shall also become recoverable from you.'
KKT
From India, Delhi
Up to warning it is O.K. But do not terminate,because if you terminate then you will not be able to recover one month notice pay (recovery of notice pay can be done if employee leaves of his own without serving the notice period. In termination, employer terminates the services).
Therefore after warning, serve notice for recovery of notice period.
In the notice, first say
'you have been absenting unauthorisedly, without any intimation or approval from ---date. In this regard, you were sent a warning letter dated --- by registered post to which also you have not responded. The same letter was also mailed to you thru e-mail to which also you have not responded.Therefore we are left with no alternative but to assume that you have left the services of the Company on your free will but without serving notice period.
We therefore serve you a notice to deposit a sum of Rs. ---- with the Company within 10 days of receipt of this letter towards notice pay which you are liable to pay to the Company as per clause -- of your appointment letter number--- dated ---- which is reproduced below for your reference and convenience:
" <clause of appointment letter>.
Kindly note that if you fail to deposit the required sum towards notice pay within stipulated time, we shall have no alternative but to take legal action against you.
In case Company is forced to take legal action against you, it shall be solely your responsibility (and not the responsibility of the Company) and therefore the legal costs incurred by the Company to recover notice pay from you shall also become recoverable from you.'
KKT
From India, Delhi
Dear KKT
HI... Iam Mridula , new member of the HR Community.
i am facing one problem in my company regarding the notice period.
One of our employee has resigned and after two days he backed from his words and again he resigned and mentioned that he wants to serve his notice period.
In his appointment letter it is mentioned that
"In case you wish to leave our employment, you will be required to give us one month’s notice in writing or one month’s salary in lieu of such notice. Similarly, if the Company desires to terminate your services for any reason whatsoever, it will be free to do so after giving you one month’s notice in writing or one month’s salary in lieu of such notice"
but Management said not to serve notice period VERBALLY and paid him salary only for the working month. and he had signed on his NDC that he had no dues pending against Company.
Now after two months he is sending a notice to the company that they did not give his notice period amount.
When i had word with him on my level he toldme that he had given bogus signature on NDC. I matched his NDC signature with all his earlier signature made even on Appointment letter, were the same.
So Could you guide me what would be the result of this case whether in favour of Co. OR EMPLOYEE.
Regds
Mridula
From India, Delhi
HI... Iam Mridula , new member of the HR Community.
i am facing one problem in my company regarding the notice period.
One of our employee has resigned and after two days he backed from his words and again he resigned and mentioned that he wants to serve his notice period.
In his appointment letter it is mentioned that
"In case you wish to leave our employment, you will be required to give us one month’s notice in writing or one month’s salary in lieu of such notice. Similarly, if the Company desires to terminate your services for any reason whatsoever, it will be free to do so after giving you one month’s notice in writing or one month’s salary in lieu of such notice"
but Management said not to serve notice period VERBALLY and paid him salary only for the working month. and he had signed on his NDC that he had no dues pending against Company.
Now after two months he is sending a notice to the company that they did not give his notice period amount.
When i had word with him on my level he toldme that he had given bogus signature on NDC. I matched his NDC signature with all his earlier signature made even on Appointment letter, were the same.
So Could you guide me what would be the result of this case whether in favour of Co. OR EMPLOYEE.
Regds
Mridula
From India, Delhi
Dear Mridula,
1. In this case even if the ex-employee says that his signatures are bogus, writing is definitely his. So do not worry on this account.
2. No where it comes out that his services were terminated. Question of giving him notice period amount will arise only in case of termination.
3. If he resigns and says he will serve his notice period, your appointment letter no where says that he can not be relieved early. So terms of appointment are not violated.
So do not worry.
KKT
From India, Delhi
1. In this case even if the ex-employee says that his signatures are bogus, writing is definitely his. So do not worry on this account.
2. No where it comes out that his services were terminated. Question of giving him notice period amount will arise only in case of termination.
3. If he resigns and says he will serve his notice period, your appointment letter no where says that he can not be relieved early. So terms of appointment are not violated.
So do not worry.
KKT
From India, Delhi
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Legal Notice.pdf