Possible Action aginast an Employee who left without Notice
Balaram
(Querist) 15 September 2008
This query is : Resolved
Dear Experts...!
As per our policy, 45 days notice / in-lieu of salary is mandatory either side.
Now one person left breaking that with just 2 days of notice and without approval of his resignation.
Can you please tell me what all the possible legal actions can be taken against him ?
H. S. Thukral
(Expert) 15 September 2008
Recover notice pay from his due if any. If no dues then file a suit for recovery. Other measures include don't give him relieving letter and certificate of experience.
Balaram
(Querist) 16 September 2008
Thank you Mr. Harbhajan Thukral.
His Total Service : 11 Months 9 Days for which PF has been contributed either side
on basic 4808 @ 12%. (gross : 7000)
If we calculate, the PF : 25% :1553 for the above period, which i can hold if he tries to withdraw. But how can i get that amount back from the authorities..?
We should get atleast 45 days salary.
Shall we file a suit..? If yes..may i know the pros and cons and procedure.. please.
Balaram
(Querist) 16 September 2008
Thank you Mr. Harbhajan Thukral.
His Total Service : 11 Months 9 Days for which PF has been contributed either side
on basic 4808 @ 12%. (gross : 7000)
If we calculate, the PF : 25% :1553 for the above period, which i can hold if he tries to withdraw. But how can i get that amount back from the authorities..?
We should get atleast 45 days salary.
Shall we file a suit..? If yes..may i know the pros and cons and procedure.. please.
H. S. Thukral
(Expert) 16 September 2008
You can not reover from PF. If there are no other dues then file a civil suit for recovery of dues. I would also put pressure on him.
Balaram
(Querist) 16 September 2008
Mr. Harbhajan,
I was trying to call you.
I have a doubt. Does it come under Civil / Labour Court ?
What way we need to proceed ?
how much it costs ?
please suggest
balaram 9290658859 / 9848535477
H. S. Thukral
(Expert) 16 September 2008
From your stated facts , it appears that notice pay recoverable shall be about 10000/- You have to file a suit for recovery and have to pay court fee on that amount. As far as my opinion is concerned, I will advise you to send a notice to him asking him to pay the aforesaid amount and also make him known that his present employer shall be informed about his conduct. Otherwise you must understand suits of such nature do take times and by that time the tempers cool down and unpleasantness subsides.
G. ARAVINTHAN
(Expert) 16 September 2008
I AGREE WITH HARBAJAN sir
Balaram
(Querist) 17 September 2008
can i talk to you once. Would you mind to let me know this 10000 limit as per our state law ?
what is the success rate we can expect ?
H. S. Thukral
(Expert) 17 September 2008
I have mentioned 10000/- as an approx equivalent of notice pay of 45 days as you said the gross salary of the employee was 7000/- For court fee kindly checkup ad valorem court fee chart of your state which is in every law diary. Well if you have only monetary value of the case in your mind then let it go but if you want to avenge the harassment caused to you by the employee, you can go ahead. On merits you have a strong case. You are welcome to speak to me for further discussion/clarification 0981451782.
ARVIND JAIN
(Expert) 18 September 2008
Its better to forget about recovery keeping in view the cost of litigation and time involved.Rest is on you if you wish a luxury litgation.
Balaram
(Querist) 22 September 2008
Dear Mr. Harbhajan Thukral / Other Experts,
In continuation to my previous mail on legal action to be taken on employee who violated notice pay, please find the notice format and correct where ever required.
-----------------------------------
Dated: 22nd September, 2008.
To
Mr. Srinivas Chandra Das,
1-2-3, Rednam Manor,
Ram Nagar,
Visakhapatnam.
NOTICE FOR BREAKING AN AGREEMENT
Dear Mr. Das, It is an unexpected and unhealthy step you have adopted by discontinuing your employment unauthorized, without notice even though you are bound to policy of our company to follow 45 days of Notice either side to break an agreement as per Employment Terms and Conciliations which was signed by you.
It is reported against you that you were absented yourself from duties with effect from . You’re sudden and unauthorized exit, in other terms is nothing but breaking an Employment Agreement, a serious misconduct, is adversely affecting the work in your department causing considerable hindrance to the normal functioning.
Therefore you are hereby called upon to respond this Notice within 24 hrs. As to why a Legal action for breaking an Employment Agreement by not following Notice Period, and breaking Employment Terms & Conditions for which you have clearly shown your written acceptance for 45 days notice period or salary in lieu of that period which amounts to a major misconduct, should not be taken against you?
Should you fail to submit your explanation within the specified period, it will be presumed that you admit the charges and have no explanation to offer. Accordingly, a disciplinary / Legal action which may include as collection the Notice Pay including the overall expenditure incurred on you by the management, as deemed fit will be taken without any further reference to you.
For (P) LTD.,
AUTHORIZED SIGNATORY.
Balaram
(Querist) 22 September 2008
Dated: 22nd September, 2008.
To
Mr. Srinivas Chandra Das,
1-2-3, Rednam Manor,
Ram Nagar,
Visakhapatnam.
NOTICE FOR BREAKING AN AGREEMENT
Dear Mr. Das,
We have received and REJECTED your Resignation which is not valid as per the Terms of Contract. You are bound to an Employment Agreement of our company to follow 45 days of Notice or ‘Salary in lieu thereof’, as signed by you.
Your sudden departure from your duties by this Resignation has harmed the interest of the Company as you have not given sufficient time to make alternate arrangement. Further it is treated as a serious misconduct, adversely affecting the work in your department causing considerable hindrance to the normal functioning.
Therefore, your Resignation is NOT Accepted and you are directed to resume duties immediately failing which the Company shall be constrained to recover the damages / training cost / Notice pay, etc, by taking necessary Legal Action.
For PBL TRANSPORT CORPORATION (P) LTD.,
AUTHORIZED SIGNARORY.
