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Employee Left Without Paying Notice Period - CiteHR

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durga2
23

Hi Seniors,
If an employee puts the resignation on 20th in written but does not come to office & intimates after 5 days to his line manager telephonically that he would not come now to join them. Nor he needs the relieving letter from the co. as he is completely changing his field. The employee worked with the co. for 2.5 months only. But his salary account gets credited for that month. Can company claim that amount from him & take legal action if he does not compensate the co.
Regards,
Durga

From India, Delhi
malikjs
167

dear durga
donot take tension ,he has just served for 2.5 month,what compensation you want from him.
if your appointment letter has this clause than you fille a civil suit against him and wait for 10-12 years to get the judgement.
regards
j s malik

From India, Delhi
durga2
23

hi Mr. Malik,
actually he did not serve notice period & moreover he did not serve last month completely but took to total salary for the month. he neither submitted his corporate sim
and used it for two months. now he is vanished. we have been sending letters to his address but got no reply. finally we have sent a letter mentioning that if he does not pay the money with interest to the org. necessary legal action would be taken against him. can we actually do that?

From India, Delhi
khurana.minakshi@gmail.co
5

Hi seniors, One employee of our orgn ran away with company loan.Even we have been given fake addresses on resume.Now What should be done. with regards Meenakshi Khurana
From India, Delhi
malikjs
167

dear durga/meenakshi
you can take legal action but dear procedure in india is very lengthy.this type of case will be filed in civil court and there procedure is so lengthy that you can not wait.
if you know where he is working write a letter to his present employer by mentioning all this story.
tks
j smalik

From India, Delhi
deepthireddy
5

Hi Durga,
I agree with Malik's suggestion. Write to his current company about his misconduct. Send someone over to his house to talk to him directly about paying back the money and return the SIM.
and Meenakshi,
You can approach the local police station and file a Cheating case. Thats much faster than appraoching the court. Try to talk to his friends or colleagues from the company. They would atleast have a fair idea as to where he lives and whats he upto.
Do let us know how did you handle these issues and what the outcome was. It would help us too if we face such situations in the future.

From India, Hyderabad
Dan Mani
Dear Durga,
Be calm and handle the situation in a way such that you have to take care of company's reputation in market.
Suggestion:
1.Don't process the payroll for the the month in which employee put written resignation(doesn't matter we accept the resignation or not).You can give the amount in his Full and Final Settlement.
2.Incase the employee quit without serving the notice period, we will be in a safer side,because we are holding the amount anyways.
3.Have a concern how salary gets credited for non-working days?You cannot credit it in advance.You can think of changing your payroll policy in terms of duration and delivery.
Wishing a nice settlement for the issue.
Regards
Dan

From India, Bangalore
shahanal12
9

Dan is absolutely right you need to change your payroll policy.
you should not take any action against him if you do not have sufficient clauses in your agreement or in your appointment letter...
Sending him so many letters and reminder for paying back the salary drawn along with the interest is not good. If this thing comes out and if he suits you against any harrassment issue it will be a great hype on media and your company will loose reputation in the market. I think your reputation in market will be costing far more than the salary and mobile bills he has enjoyed over the time.
Rgds,

From India, Ahmadabad
surendrasagar
If salary is not credited for this month even after the good performance and working for whole month without any leaves. then wat is the necessary action to be taken on that company. plz let me know ASAP.
From India, Hyderabad
shekhar bhatt
Thanx,
Dear All,
My friends is working in an organization where they've submitted her marksheet & signed a bond for one year. The condition in the bond is if she leaves job before one year she has to pay two months salary or work for two months without pay. If she leaves the job before one year due to health reason then should she give them two monts salary or she can leave by giving them medical certificate?
Can you suggest me in this matter it is legal or not?
Thanks & regards,
Shekhar

From India, Delhi
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