• Labour law employee absconding

Dear sir /Madam,
We are properitorship firm I am an hr ,after 3 yrs one of employee has not turned office sent us resignation on Mail inspite of mentioning of the offer letter stating that we will not accept resignation when an employ is on leave and need to give 2 months notice period or decided by management.
Will like to know whether can I take her to Court as I want to set an example for other employee.
Asked 1 year ago in Civil Law from Greater Mumbai, Maharashtra
1)if employee has failed to give 2 months notice as required dont give the employee relieving letter . 

2) you can deduct salary for 2 months from dues payable to you 

3) the terms of contract are sacrosanct and employee is bound to give 2 months notice 

4) going to court would be waste of time and money 
Ajay Sethi
Advocate, Mumbai
26014 Answers
1415 Consultations
5.0 on 5.0
Hi, you can file a suit for damages as against employee for leaving the firm without giving 2 months prior notice as contemplated under offer letter.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
149 Consultations
4.3 on 5.0
 Hi, first issue notice and then file a suit for recover of money and also for damages.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
149 Consultations
4.3 on 5.0
1) issue her legal notice topay  2 months salary as per appointment letter 

2) don't give any relieving letter as she fails to give 2 months notice 

3) filing suit to recover 2 months salary would be an expensive proposition as costs would be more than salary to be recovered 
Ajay Sethi
Advocate, Mumbai
26014 Answers
1415 Consultations
5.0 on 5.0
You have the remedy of suing her for breach of contract to claim 2 months salary with damages. To proceed against her you require her address where the court can send her summons. However, no criminal case is made out.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
issue her legal notice topay  2 months salary and after that file a damages suit for recovery of money.
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
5.0 on 5.0
We are properitorship firm I am an hr ,after 3 yrs one of employee has not turned office sent us resignation on Mail inspite of mentioning of the offer letter stating that we will not accept resignation when an employ is on leave and need to give 2 months notice period or decided by management.
Will like to know whether can I take her to Court as I want to set an example for other employee.
You must see and act as per the conditions mentioned in the offer letter for employment. If she has not turned up to duty, she may be terminated as per the provisions of the law meant for it and not that she can be drawn to court. If the conditions have been violated by her, you may initiate necessary action as envisaged in the law for this.
She can be terminated with a legal demand notice asking her to pay two months salary as per the employment conditions. 
T Kalaiselvan
Advocate, Vellore
16397 Answers
153 Consultations
5.0 on 5.0
She took latest Salary and she went .I would like recover 2 months salary as compensation please advise.
You have to issue a legal notice to her asking her to pay the notice period of two months salary amount as per the conditions mentioned in the employment offer letter.
You may send a lawyer's notice by registered post to her address, and after that yo ma initiate a civil money recovery suit for recovering the amount due from her.
T Kalaiselvan
Advocate, Vellore
16397 Answers
153 Consultations
5.0 on 5.0

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