hi,
one of our employees working with us for the past 9 months abruptly left after receiving his salary. as per his appointment letter, we have included a probationary period of 6 months, with the notice period being 30 days or one month salary. Post 6 months, we did not provide a confirmation letter, but hiked his salary, as we found him to be suitable for the job. but now that he has quit, we want to explore legal options to ensure he sticks to his commitment. my question
1. what are our options, and who do we consult for legal recourse.
2. also he has provided a fake residential (permanent) address, so even if we send a legal notice, we are sure it wont reach him. Can we soft copy the legal notice to his mail id. Please advice.
thanks,
S.N
From India, Bangalore
one of our employees working with us for the past 9 months abruptly left after receiving his salary. as per his appointment letter, we have included a probationary period of 6 months, with the notice period being 30 days or one month salary. Post 6 months, we did not provide a confirmation letter, but hiked his salary, as we found him to be suitable for the job. but now that he has quit, we want to explore legal options to ensure he sticks to his commitment. my question
1. what are our options, and who do we consult for legal recourse.
2. also he has provided a fake residential (permanent) address, so even if we send a legal notice, we are sure it wont reach him. Can we soft copy the legal notice to his mail id. Please advice.
thanks,
S.N
From India, Bangalore
As his probation has not been confirmed in writing he is deemed to be under probation. Of course, there can be another interpretation that if probation is not EXTENDED in writing he will automatically become confirmed. This would primarily depend on the terms of appointment order or standing orders, if available. The pay hike given to the employee can not be taken as an evidence to show that he was confirmed from the date of such hike.
Now if you move legally, on what ground would you fight? You can send letters asking him to report duty treating it as a case of absconding from job and ultimately you can terminate his service. That's all.
Sending notice through mails is not recommended also. Even if you serve notice by any means whereas he replies that he could not report due to some genuine reasons (supported by evidences) and he can not continue with the job what would be your next step? You can only stop the proceedings because under Indian law right to decide where should one work is is his own and he can not be compelled to continue with an employer. Regarding notice pay from the employee also the final word from a Court will take a long time. With regard to an employee not under a managerial position the provisions of Industrial Disputes Act will apply and if your employee in question is such a kind of employee, then the Court may refer to ID Act only in which there is no obligation on the part of an employee to serve notice or pay in lieu if he wants to leave, though the employer is under an obligation to serve notice or pay in lieu inorder to retrench/ terminate service of an employee. These are the main issues to be considered before we go ahead with legal action against an employee. Therefore, I will recommend that you should close the case after sending two or three letters to him asking him to report back or directing him to show cause why his service should not be terminated. Remember that without offering him an opportunity to show cause if you directly terminate his service also there is a chance that he may file a suit against you and demand reinstatement because an employee not reporting can not be dismissed without giving him an opportunity to be heard!
Regards,
Madhu.T.K
From India, Kannur
4249Now if you move legally, on what ground would you fight? You can send letters asking him to report duty treating it as a case of absconding from job and ultimately you can terminate his service. That's all.
Sending notice through mails is not recommended also. Even if you serve notice by any means whereas he replies that he could not report due to some genuine reasons (supported by evidences) and he can not continue with the job what would be your next step? You can only stop the proceedings because under Indian law right to decide where should one work is is his own and he can not be compelled to continue with an employer. Regarding notice pay from the employee also the final word from a Court will take a long time. With regard to an employee not under a managerial position the provisions of Industrial Disputes Act will apply and if your employee in question is such a kind of employee, then the Court may refer to ID Act only in which there is no obligation on the part of an employee to serve notice or pay in lieu if he wants to leave, though the employer is under an obligation to serve notice or pay in lieu inorder to retrench/ terminate service of an employee. These are the main issues to be considered before we go ahead with legal action against an employee. Therefore, I will recommend that you should close the case after sending two or three letters to him asking him to report back or directing him to show cause why his service should not be terminated. Remember that without offering him an opportunity to show cause if you directly terminate his service also there is a chance that he may file a suit against you and demand reinstatement because an employee not reporting can not be dismissed without giving him an opportunity to be heard!
Regards,
Madhu.T.K
From India, Kannur
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