Dear Friends,
Please advise on the legal remedies available if an employee has left the organization without serving the notice period as mentioned in the appointment letter. If an employee resigns immediately after receiving their salary without any prior discussion with either HR or the Department Head, what legal actions can we take? Which court of law should we approach to recover the notice salary?
Thanks & Regards
From India, Noida
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1Please advise on the legal remedies available if an employee has left the organization without serving the notice period as mentioned in the appointment letter. If an employee resigns immediately after receiving their salary without any prior discussion with either HR or the Department Head, what legal actions can we take? Which court of law should we approach to recover the notice salary?
Thanks & Regards
From India, Noida
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Practically speaking, you cannot do anything. However, you can withhold issuing service certificates/experience certificates, relieving letters, or delaying F&F settlements and adjust the notice period - but these are off the track...
Now, you can write to them and request that they pay back the notice period.
From India, Aizawl
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Now, you can write to them and request that they pay back the notice period.
From India, Aizawl
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Dear Colleague,
It is unfair on the part of an employee to "just like that walk out" from an organization. This is ethically, morally, and legally incorrect. The employer has every right to file a civil suit for breach of contract. However, my personal advice is that it is a futile exercise that would require a lot of time, energy, and costs for little to no result. Hence, you may consider:
- Considering relieving the employee from services immediately with a mention in the relieving letter that the notice period was not served, terms of employment were breached, and the management reserves the right to pursue legal action at any time.
- Completing the full and final settlement and indicating the recoverable notice pay as outstanding from the employee, documenting it for any potential future actions.
- Ensuring the collection of any company assets in the employee's possession through appropriate means, including filing a First Information Report (FIR) if necessary for any valuable items.
- Blacklisting the employee from future rehiring in the organization.
Overall, sending a balanced message to other employees without tarnishing the employer's image and handling the situation with a positive approach is crucial. Such incidents are prevalent in the modern world, and there is a need for experts to consider including suitable clauses in legal provisions for resolving disputes between employers and employees not covered under the Industrial Disputes Act. However, there is still a long way to go.
Thank you.
From India, Chennai
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It is unfair on the part of an employee to "just like that walk out" from an organization. This is ethically, morally, and legally incorrect. The employer has every right to file a civil suit for breach of contract. However, my personal advice is that it is a futile exercise that would require a lot of time, energy, and costs for little to no result. Hence, you may consider:
- Considering relieving the employee from services immediately with a mention in the relieving letter that the notice period was not served, terms of employment were breached, and the management reserves the right to pursue legal action at any time.
- Completing the full and final settlement and indicating the recoverable notice pay as outstanding from the employee, documenting it for any potential future actions.
- Ensuring the collection of any company assets in the employee's possession through appropriate means, including filing a First Information Report (FIR) if necessary for any valuable items.
- Blacklisting the employee from future rehiring in the organization.
Overall, sending a balanced message to other employees without tarnishing the employer's image and handling the situation with a positive approach is crucial. Such incidents are prevalent in the modern world, and there is a need for experts to consider including suitable clauses in legal provisions for resolving disputes between employers and employees not covered under the Industrial Disputes Act. However, there is still a long way to go.
Thank you.
From India, Chennai
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