Sonal Patil 10 October 2015

Legal notice to employee who have not served notice period

Dear Concerns,

Greetings!!!

I am a HR professional seeking your valuable advise on the mention topic i.e. Legal notice to employee who have not served notice period.

Our almost 6 employees from April'2015 have left without notice. They have left without serving notice period either have given proper handover. In our appontment letter it is clearly mention that you have to serve 1 month notice or have to pay 1 month salary as notice pay. We are more keen into proper hand over and replacement for smooth functioning of the organization. Employees have left after taking salaries of that month.

Now, I want to know in deail how we can proceed further for legal notice. I have already send letters to those employees for completing hand over process but no response from them.

Our intention behind this thought process is the message should pass on to other employees that company is not accepting such kind of behavior.

Your prompt reponse shall be highly appreciated.

Regards,

Sonal

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1 Replies

Kumar Doab (FIN) 10 October 2015

There are unlimited number of threads on notice period/pay, legal notice etc.

The HR personnel should always be unbiased.

The employer shall look for others shoulder to fire ( implying) blame and some chest (implying someone) to take the bullet (blame).

Usually it is HR personnel.

The important point to understand is that why employees do it?

Another important point is that whether employer, and/or attorney's of employer in legal cell/line management/HR personnel adhere to what is expected of them.

You may check if establishment resorts to abrupt termination and tenders notice period in case it initiates separation by termination and arranges for proper handover in time, releases FnF payouts/reimbursments/incentives/bonus/leave encashment/Gratuity/PF, OT,service certificate,relieving letter,salary,slips etc in time/on LWD or latest by usual pay day...........................

Does employer observes labor laws and maintains decorum at workplace?

Workfloors are not kindergarden places that a rule can be flaunted to discipline.

The employee has ended the employer-employee relationship the moment employee has tendered resignation.

You may send the FnF statement computing everything and showing the final payout by employee or by employer.

You must relate the T&C in appointment letter/HR policy with enactments applicable to establishment/employer/employee and it is possible that notice period/pay in certain situations is NIL.

If it is so then what claim is left.

The situation in employment is equitable.

Then there are chances of employee approaching his/her lawyer,employee's/trade unions, court of law,lawful authority,media and reveal evertyhing that proves employer as violator of rights.............

It is always better to resolve the matter amicably.

Rest is upto you.