Employee left without notice

You first issue  a legal notice of 15 days to  the Delinquent employee by  pasting the legal notice on his door if he is not  available at his residence. If he doesn't return file a case in labour court aginst the employee for his wrongful conduct and unauthorized leaving also claiming your dues from the emoployee.If you  appreciate this  answer please give me a like on my profile.

Dear ,

   If you are thinking to go for labour court , then prepare youself to show everything about your systems of paying to your employee..  you have to complete are the criteria coz  first of all labour court will ask you to benefits of employee which are in under 7  clauses...  my advise to you to leave this matter & search for another person...   if you want to know more about this plz contact me...

What is the opinion of your own legal cell/Counsel specializing in Labor/Service matters?

Has your own legal cell/Counsel specializing in Labor/Service matters opined that as an employer you can approach Labor Court and keep notice period of 2 months in case of this employee, and insert clause that employee cannot leave before 1 year?

What is this establishment; Commercial/Industrial?


What is its line of business?

What is your designation and nature of duties?

Foe how many months you have worked?

How many persons are employed in it?



You were located in which state (Noted; Gujarat)?


Do standing orders apply (Model/certified) to establishment, employee?

What is the notice period applicable as per offer letter/appointment letter (Noted: 2months) and tendered by employee (to be posted by you)?

In lieu of what extra ordinary benefits given by you/establishment to employee: /establishment has inserted clause that that employee cannot leave before 1 year?}

May be you Cheated him !! Stupid 

Originally posted by : Private Company
	Hi, One of my employee left without service notice period. In his employement letter we have mention one cluase " "Cannot resign within 1 year from date of commencement. "              Probation period is 6 month, he has completed only 4 month The officer may at anytime also determine this Contract of Service by giving 2 month’s notice in writing or paying the equivalent sum of two month’s gross salary in lieu.  Due to his resignation our business affected, can we take legal action against him.  We are private limited comopany in Gujarat.   Thanks,

The appointment letter is itself contradictory. Company is asking the employee not to resign within two years but can terminate the employee within two months notice period or pay in lieu thereof. The terms are one sided and won't hold much value in the court of law. 

Moreover, such clause of not allowing the employee to leave service for a particular period of time is illegal and violates the rights of an individual. The Apex Court has already decided that an employee is free to leave the services of a company and even join a competitor company for his professional benefits. 

However, since he has tendered resignation, you reject the resgination and ask him to either serve the notice period (what is the notice period for an employee?) or pay in lieu thereof. 

If the employee does not serve the notice period, they you may adjust the notice pay within his full and final settlement. 

Assuming that the employee has no need of any full and final settlement since he has worked for a very short period, you may seek recovery of the notice pay through money suit. As far as I know, there is no provisions of recovery of money from an employee by an employer under labour acts.

After posting query, the querist has not replied.