Employee refused to serve the notice period

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)

281 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.

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331 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.

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178 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.

155 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.

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