Legal Action For Not Serving The Notice Period By Employee

What legal notice can we send to an employee who has left the organization without paying the dues to the company and also not serving the notice period?

Answer (1)

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The signed and stamped” Letter of Appointment” between an employer and employee is a legally valid document in the court of law. If an appointment letter clearly spells out the conditions of termination and notice, and the employee signs the document, then he/she must abide by the terms.

However, most organization have a condition of ”lieu of”. Typically the notice period can be waived ”in lieu of” pay deduction. And most employees exercise that option by negotiating the difference with the other organization.

There are always exceptions but no ethical organization can force an employee to serve the notice unless there is a pressing business need or ”notice pay” refusal from the employee or monetary advances provided to the employee.

The Specific Relief Act says that a Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period the Employer can only recover the Notice pay. No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter.

The Employee can leave the job by either giving notice or payment in lieu of notice. The Company’s policies and procedures are supplementary aspects. The constitution of India provides the fundamental right to every person to choose the profession of his choice and any agreement contrary to this is invalid.

By putting the clause in service regulation that it is company’s discretion to accept the notice or not is against the provisions of the constitution of India.

Still confused with the information may be our expert employment lawyer in India can help you.

Answered on 18 Jul 2019


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