• Employee absconding without serving notice period

One of my employee joined my firm on 13th september 2016, and post her salary on 5th she simply sent me an resignation email saying she won't be coming from tomorrow.
Since i have paid her for 15 days salary can i take a legal action on her for not serving the notice period and claim salary money back , can i also sue her for one month notice period.
In offer letter it is mentioned that she has to give me a months notice in advance before leaving the firm.

Following is the Notice period clause in offer letter.

In line with local practice, the following notice of termination of service will be given by the Company, without being required to assign any reason, in writing: 1 months.  Your services may also be terminable by 1 months’ salary in lieu of notice.
During probation, termination of service due to Non performance or under performance may be made by the Company with one month’s notice, in writing without being required to assign any reason.  Services during this period may also be terminable by one month’s salary in lieu of notice.
In cases of gross misconduct, the Company reserves the right to terminate employment without notice.
Members of staff will be required to give 1 months’ notice of termination of service, in writing, regardless of their service.
Asked 13 days ago in Labour from Pune, Maharashtra
1) you can sue employee and recover Salary  for one month  notice period 

1) please note litigation costs would  be more than salary amount sought to be recovered by you
Ajay Sethi
Advocate, Mumbai
21670 Answers
1129 Consultations
5.0 on 5.0
Yes, you can claim the money of one month notice period as per appointment letter's terms and conditions, issue a legal notice to her and claim the same if she is not ready to make the payment within notice period then you may file a civil suit for recovery against her before civil court.

Nadeem Qureshi
Advocate, New Delhi
3336 Answers
122 Consultations
4.8 on 5.0
She was bound to give a month's notice before resigning, so you can successfully sue her for damages on account of breach of contract in the civil court. Through a suit for damages you may recover the salary paid to her apart from damages for breaching the contract. 
Ashish Davessar
Advocate, Jaipur
17409 Answers
425 Consultations
5.0 on 5.0
If she has signed and accepted the conditions mentioned in the emloyment offer letter, she is bound by the conditions therein.
First you issue a legal notice to her demanding her to pay one month's salary failing which she can be prosecuted in the civil court seeking relief of recovery of one month salary from her on the said grounds. 
T Kalaiselvan
Advocate, Vellore
12602 Answers
120 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Labour Lawyers

Krishna Kishore Ganguly
Advocate, Kolkata
11292 Answers
206 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1933 Answers
61 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1275 Answers
82 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1165 Answers
55 Consultations
5.0 on 5.0
H. S. Thukral
Advocate, New Delhi
495 Answers
123 Consultations
5.0 on 5.0
B.T. Ravi
Advocate, Bangalore
716 Answers
26 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Advocate Buvaneswari
Advocate, Chennai
24 Answers
11 Consultations
4.4 on 5.0
Rajinder Kumar
Advocate, New Delhi
68 Answers
3 Consultations
5.0 on 5.0
Rajni Sinha
Advocate, Mumbai
273 Answers
24 Consultations
4.8 on 5.0