Hi, Can anyone provide me the format for legal notice to an absconding employee?
From India, Chennai
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From India, Chennai
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Dear Arun Kumar,
"Legal Notice" is a notice issued by a person to another through a practicing lawyer conveying to do something or to refrain from doing something when any transaction between the two comes to a standstill. Hence, it is the duty of a lawyer engaged for the purpose to draft the notice accordingly with the relevant particulars.
In as much as the notice you mean is only a notice to be issued by the employer to an absconding employee demanding resumption of his duty forthwith together with his explanation for his unauthorized absence, the issuance of a legal notice is not the requirement of the hour.
What you have to do now, therefore, is sending a notice to his last known address asking him to report for duty on or before a particular date with his explanation for the unauthorized absence from the date he failed to report. The failure, if any, by him would result in disciplinary action against him as per the Standing Orders or the Service Regulations of the organization.
From India, Salem
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6108"Legal Notice" is a notice issued by a person to another through a practicing lawyer conveying to do something or to refrain from doing something when any transaction between the two comes to a standstill. Hence, it is the duty of a lawyer engaged for the purpose to draft the notice accordingly with the relevant particulars.
In as much as the notice you mean is only a notice to be issued by the employer to an absconding employee demanding resumption of his duty forthwith together with his explanation for his unauthorized absence, the issuance of a legal notice is not the requirement of the hour.
What you have to do now, therefore, is sending a notice to his last known address asking him to report for duty on or before a particular date with his explanation for the unauthorized absence from the date he failed to report. The failure, if any, by him would result in disciplinary action against him as per the Standing Orders or the Service Regulations of the organization.
From India, Salem
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Please proceed as prescribed in your Codified Service Rules or Standing Orders, as the case may be, including the following Sequence of Action-Steps:
Issue a Charge-Sheet or Letter, by Registered Post AD, to Permanent Home and Local Postal Addresses, seeking written explanation as to why disciplinary action, for his/her act of misconduct of absenteeism from duty without any information and/or prior permission explanation, should not be taken as per prescribed Service Rules or CSO;
On receipt of Written Explanation or in absence of written Explanation say within Seven Days from the Date of Issue of Exp Letter or Return of the Registered Cover/Envelope with Postal Remark... "Address Not Found at the Address OR... "Address Refused to Receive the Registered Envelope...";
Issue an Office Order, signed by the Punishing Authority, appointing an Inquiry Officer to inquire into the Charge-Sheet and/or the Written Explanation, in accordance with the Principles of Natural Justice and the Procedures laid down by Apex Court from time to time for such Domestic/Internal Inquiries; and
Nominate any Supervisory/Managerial Staff Member to present the Management's Case before the Inquiry Officer, as Management Representative; and
The Inquiry Proceeding may proceed Ex Parte in case the delinquent Employee abstains from participating in the Inquiry and On Completion of the Inquiry, the Inquiry Officer shall submit his/her Inquiry Report with Definite and Conclusive Findings, to the Punishing Authority who shall "Apply his/her Mind" and decide the Quantum of Proportionate Punishment for the Act of Proven Misconduct.
Kritarth Team is Available for any assistance.
Sharan, Kritarth Team,
22.9.18
From India, Delhi
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Issue a Charge-Sheet or Letter, by Registered Post AD, to Permanent Home and Local Postal Addresses, seeking written explanation as to why disciplinary action, for his/her act of misconduct of absenteeism from duty without any information and/or prior permission explanation, should not be taken as per prescribed Service Rules or CSO;
On receipt of Written Explanation or in absence of written Explanation say within Seven Days from the Date of Issue of Exp Letter or Return of the Registered Cover/Envelope with Postal Remark... "Address Not Found at the Address OR... "Address Refused to Receive the Registered Envelope...";
Issue an Office Order, signed by the Punishing Authority, appointing an Inquiry Officer to inquire into the Charge-Sheet and/or the Written Explanation, in accordance with the Principles of Natural Justice and the Procedures laid down by Apex Court from time to time for such Domestic/Internal Inquiries; and
Nominate any Supervisory/Managerial Staff Member to present the Management's Case before the Inquiry Officer, as Management Representative; and
The Inquiry Proceeding may proceed Ex Parte in case the delinquent Employee abstains from participating in the Inquiry and On Completion of the Inquiry, the Inquiry Officer shall submit his/her Inquiry Report with Definite and Conclusive Findings, to the Punishing Authority who shall "Apply his/her Mind" and decide the Quantum of Proportionate Punishment for the Act of Proven Misconduct.
Kritarth Team is Available for any assistance.
Sharan, Kritarth Team,
22.9.18
From India, Delhi
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Employee has not collected his offer letter from the organization and has absconded, taking his salary and refusing to come to serve the notice.
The reply from us has stated that we have issued compensation to him on a regular basis and an ID card to employ with.
We have written a legal notice to him for breach of trust and cheating under IPC 406 for not sharing clients' access credentials.
Please help if I can file a complaint against him.
From India, Mumbai
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The reply from us has stated that we have issued compensation to him on a regular basis and an ID card to employ with.
We have written a legal notice to him for breach of trust and cheating under IPC 406 for not sharing clients' access credentials.
Please help if I can file a complaint against him.
From India, Mumbai
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Employee was under the notice period and has absconded since then. We have sent him a notice via speed post to which he responded that he is unable to continue. Can you suggest if we can send him a termination letter from the organization or what should be our stand further?
From India, Noida
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From India, Noida
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