Adv k . mahesh (advocate) 05 October 2012

Employee left job

i am clear that the employee who has absconding from duties came to know that he has joined in other organisation and he is not responding to our mails since one month

so i want to know the procedure that why i am telling the facts so that the experts can tell me the steps to be taken

as ours is a software organisation our hr departments clearly explained the where abouts of the service agreement for two years and spending on him for the project

even we are asking him to attend duties to complete his project and if has not responded thus
1. charge sheet
2. show cause
3. disciplinary proceedings
or without all this as our hr department has sent email so can i directly send legal notice and also let me know as which case i should file in civil court

asap
this is urgent

k.mahesh

Reply Follow

2 Replies

Bhawani Mahapatra (Law Officer) 05 October 2012

Dear Mahesh

Every employment agreement contains a "exit clause" which mandates both employee and employer a reasonable notice period (or payment in lieu thereof), and if the employee has absconded from duty without serving notice period or paying salary for that period, you can send a legal notice of show cause giving him/her atleast 15 days time to represent him before the appropriate authority. If he/she fails to reply/comply you can file a suit against him as well as can claim damages (if same has been postulated in the agreement)

Also if he/she hasn't surrendered any office assert like laptop etc, and if you have ackonwledgement of receipt of the same with you, then you can file a FIR also after serving notice to return the same.