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Employee leaving without serving notice period what to do


25-Jul-2023 (In Labour & Service Law)
We are facing situations where employees have left the company without serving notice period which has resulted in loss of business or penalties at the company's end. As per the employment agreement they are required to serve a two months notice period. I wanted to know about the legal mechanisms that can be placed to stop such practises and whether Indian laws allow to recover for the damages?
Answers (3)

Answer #1
658 votes
if you have signed any contract from employee than it will be breach of contract.
or if employee have work more than 6 month then only they are liable to serve notice period.
to stop such kind of practice you have to make it clear all the things to employee and make a employee contract on the time of joining.
Answer #2
726 votes
Sir /Madam, You are facing problem relating to fast attrition rate of employees in your company, certainly it is a loss proportion for any organization, since you have already made a condition for employees to serve notice before leaving job, at the same time you will have to bring some specific changes in appointment letter. Then only you can improve the situation. I would like to suggest you to create conducive atmosphere so that you can retain your employees.
Answer #3
972 votes
It is better to have a solvent bond of minimum rs. 3 lac or at least 3 months salaray in case of any default of complying the terms of agreement employer would be entitled to invoke the bond. The bond should be made integral port of the terms of agreement. If the agreement consist a non solicitation or confidential clause you may file a civil suit for recovery of damages and temporary injunction to use your ways to benefit other company.

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