It industry's most basic problem

The plain literal meaning of the employment agreement will govern your relationship with his employment. If there is an agreement you have to lean on the penalty provisions provided in the said agreement.

You have referred to ‘Employment Agreement and Law’…………………..

Software companies are covered by various enactments/statues applicable to these e.g. Shops and Commercial Establishments Act, Standing Orders………………etc

The delinquent worker may be covered as “ Employee’, ‘Workman’ as defined in various enactments.

Hope you have issued appointment letter and have also supplied the printed version of HR policy/Service Rules and Regulations/Conduct and discipline Rules……………….reference of which is made in appointment letter……………… before supplying the appointment letter/ or along with appointment letter.

The employment can be terminated in line with such rules due to ‘Misconduct’ that is listed amongst ‘Misconducts’ in standing orders of the establishment/service rules and regulations etc after following process of Disciplinary Action, ‘Natural Justice’……………………and in such case notice pay may not be applicable as per the rules.

The employee shall have to be paid earned wages and all dues, service certificate………………….on date of termination

Model Standing Orders: Sec: 13-18

The worker also has the option and right to seek legal advice and defend himself thru his lawyer, Employee’s unions, Trade Unions………………….

If conducive separate the worker from employment without much noise on the matter and close the chapter.

Rest is up to you.