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Resignation without serving notice period

(Querist) 01 April 2008 This query is : Resolved 
Dear All,

We have many cases where confirmed employees are leaving the company without serving the notice period of 30 days and without giving proper handover.

In case we say that the company will not be able to give you the releiving letter since their final settlement amount is in negative; the employees are asking for an experience letter.

Kindly advise.
Rupai Ghawri
Rajesh Kumar (Expert) 04 April 2008
Indian legal system suffers from delay- and hence people are generally reluctant to move the courts for enforcement of contracts. Due to these reasons, unscrupulous elements have little regard for snactity of contract. Nevertheless, if a company start enforcing the contract merely by issuing legal notices to deliquent employees and moving courts whereever necessary, things will change.
In your case, if the employees insists on relieving letter or experience letter, mention these facts on the letter that the employee didnt give proper notice before leaving the organisation.

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