LawRato

Employee refused to serve the notice period


12-Apr-2023 (In Corporate Law)

As a company, what is the legal recourse we can take against an employee who is refusing to serve notice period or even buy out the notice period. The employee has just dissapeared without giving a notice or any handover which is affecting the business already.

Answers (4)

Answer #1
794 votes
We would need the letter of employment to suggest the best course of action. We can imputed losses to him for disappearing without notice as well. Can also seek recovery of money spent for any special skill development programme offered to the employee for his current role in the organization.
Helpful? LawRato39+ LawRato
Advocate Nikhil Varma

Adv. Nikhil Varma

LawRato Delhi | 25+ Answers
Chat with Advocate Nikhil Varma Chat 
Answer #2
549 votes
Your employee not responding to its obligations is a personal matter between you and your employee. So it will be governed by your contract with him. Contract can be written as well as oral. In situations like these, it is always advised to first send a legal notice to check the demeanor of the person. The second benefit of sending kegal notice woukd be that you will be right away putting forward your demands. Thereafter you can file a civil suit.
Helpful? LawRato44+ LawRato
Advocate Deepak Thackur

Adv. Deepak Thackur

LawRatoDelhi | 25+ Answers
Chat with Advocate Deepak Thackur Chat 
Answer #3
935 votes
There's a lot which you can do to take care of circumstances like this - - Initially you may send them a legal notice to his/her residential address to comply to the situation either by buying the notice period or by serving the notice period, - If he/she refuses to accept the notice at his/her address or the notice remained not served you may approach the court against the accused, - You may also complain about the employee with the Government of India, Labour and Industrial Department, and pass on the information to the stock listed company blacklisting him/her. Rest of the details and ways out I can explain to you once I have the complete details of his/her file at my desk.
Helpful? LawRato33+ LawRato
Advocate Pulkit Prakash

Adv. Pulkit Prakash

LawRatoDelhi | 400+ Answers
Chat with Advocate Pulkit Prakash Chat 
Answer #4
688 votes
All actions will depend on the terms of the employment / appointment letter. In normal course, Company should immediately send a Legal Notice where in it should clearly mention that the said employee has been absconding sine the last date of his attendance with out any notice. Which act is criminal breach of trust. He should immediately join the company, other company will be constrained to initiate legal actions against him. Relevant clauses of the Appointment letter to this effect should be mentioned. If he does not report back, then Co should immediately file a complaint against him.
Helpful? LawRato37+ LawRato
Advocate Pulkit Sharma

Adv. Pulkit Sharma

LawRatoDelhi | 25+ Answers
Chat with Advocate Pulkit Sharma Chat 

LawRato's corporate legal service package gets you top notch lawyers to guide you in all the legal proceedings at affordable cost

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Corporate lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato