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Sairaj (Asst. Manager HR & Admin)     08 December 2010

Recovery of Notice Period

Dear Sir,

I am into HR department, 3 of our employees left the job with immediate effect, without serving notice period.

All the three employees were in Probation period & were handling important Project with one of our client, management want a legal action against them.

As per our company policy employees in probation have to serve 1 month notice period.

How can I recover the notice period and want action we can take against them.

Kindly advice.

Thanks & regards,

Sairaj Deshpande



Learning

 3 Replies

Amit Gautam (Engineer)     16 December 2010

you can only sent notice to recover the notice period amount,

Kirti Kar Tripathi (lawyer)     17 December 2010

you have only remedy to file Civil suit. but is will take too much time.


(Guest)

The first and foremost thing is to decide whether you want only recovery of the notice period pay or want to take disciplinary action also against those probationers to set a precedent for others also not to ascond from their job.

 

 

If you are contended only with the recovery of the notice period pay, you can serve them with a notice to deposit the notice period pay within a specified period failing which they would have to face legal proceeding for he breach of contract. There would be 50:50 probability of their response to deposit the notice period pay. Accept deposit of the pobationers whosoever deposits willingly and initiate legal proceeding against those, who would not have responded.

 

 

If you want to initiate a disciplinary proceeding against the absconders, the action on your part becomes due to serve a showcause notice to them to ask them to show the cause why they should not be dismissed for unauthorised absence on their part and vindicating irresponsible behavior in the neglect of the said important project of the company's client. There would be a probability of 90% response on the part of the offending probationers. You can take appropriate disciplinary action against the unresponding offending probationers as per the provisions made in the Employees Conduct and Discipline Rules. You would also be free to take any action (soft or hard) against those probationrs who would have responded to your show cause notice.

 

 

PS Dhingra

CEO & Vigilance Consultant

Dhingra Group of Management & Vigilance Consultants

New Delhi


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