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
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. 9. NOTICE OF TERMINATION OF SERVICE 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 9 years ago in Labour
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4 Answers
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.
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.
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.
