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Employee Resigning without any Intimation
13-Jun-2023 (In Corporate Law)
Hello, There is an employee, who left the job on the day he received his salary and stopped coming to office from next day. We tried to reach him, First Day - Sister in hospital, Second Day- I won't come, We requested him to service a notice period after putting a resignation mail. I want to know what to do, He didn't intimate that he isn't coming from next day, Company is suffering due to lack of resource. We are ready to hire a alternate guy, but we couldn't bear the loss of resouce. What to do in this case? Can we legally send a Letter to him joining or else the legal consquences of the employement contract breach.
You cannot force any employee to work for the company, nonetheless such work would in any case be unfruitful.
But, in case you have a duly executed employment agreement with him, you can bind him to comply with the termination clause by either serving notice period or pay salary in lieu thereof.
Further, in case he has left without intimation or resignation, you can proceed for his termination as being absconding and can further refuse to provide a relieving letter since he was not relieved but terminated. Please note that the process for termination needs to be followed and you might need to serve him a show cause notice also.
However, since it will all depends on the terms of the employment agreement, it is suggested that you check the same and verify if it contains a termination or absconding provision.
But, in case you have a duly executed employment agreement with him, you can bind him to comply with the termination clause by either serving notice period or pay salary in lieu thereof.
Further, in case he has left without intimation or resignation, you can proceed for his termination as being absconding and can further refuse to provide a relieving letter since he was not relieved but terminated. Please note that the process for termination needs to be followed and you might need to serve him a show cause notice also.
However, since it will all depends on the terms of the employment agreement, it is suggested that you check the same and verify if it contains a termination or absconding provision.
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Adv. Atit Jain
Noida | 25+ Answers
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Issue show cause notice to him to know the reason of his non service without prior information and give him time of 15days minimum to reply the same and also tell through that notice that in situation of no reply it will be presume that you are no more interested in job so you will be terminate. When applying this kindly also see you by-laws or employee agreement if any.
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Adv. Avnish Sharma
Delhi | 25+ Answers
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I would be in a position to provide a definitive-view, upon reviewing the underlying employment-contract. This said, the remedy for most cases, such as this, lies in a claim for “damages”, for breach of contract (and not “specific-performance”). Your need of the hour is a well considered legal-notice, which would serve as a foundation to this claim, for damages (quantification for which is subjective, ie. it depends from case to case). To this end, I offer my services and encourage you to get in touch with Lawrato, to know how. Hope you found this to be helpful. I look forward to being of service.
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Adv. Arjun Narayan
Delhi | 25+ Answers
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Everything depends upon your employment contract with the employee. Does it mention the notice period? If yes what was the notice period?
In any case, a legal notice can be sent for handing over of documents and work which would also include confidential information of the company. Feel free to reach me to understand the alternative methods to retain the employee.
In any case, a legal notice can be sent for handing over of documents and work which would also include confidential information of the company. Feel free to reach me to understand the alternative methods to retain the employee.
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Adv. Navodaya Singh Rajpurohit
Delhi | 25+ Answers
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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.
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