Legal proceedings against employee leaving job without
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
23 August 2012
Dear all,
One of our employee leave job without giving intimation. he left the job on 15th july and send us his resignation letter after one week. he didnt complete his notice period of 2 months as per agreement. we have mentioned in agreement that if he leaves the job without intimation than he will have to pay 2 months total emoulment.Moreover his computer data is not in his system.we are unable to trace his working data in his computer. My question is can we take any criminal and legal action against him? and is our agreement legal as per Indian Contract Act because as per rule only basic salary can be recover from employee?
Please suggest me.
One of our employee leave job without giving intimation. he left the job on 15th july and send us his resignation letter after one week. he didnt complete his notice period of 2 months as per agreement. we have mentioned in agreement that if he leaves the job without intimation than he will have to pay 2 months total emoulment.Moreover his computer data is not in his system.we are unable to trace his working data in his computer. My question is can we take any criminal and legal action against him? and is our agreement legal as per Indian Contract Act because as per rule only basic salary can be recover from employee?
Please suggest me.
Amol S Joglekar
(Expert)
23 August 2012
1. Notice period: you can very demand the same if the resignation has moved from the employee's side. 2. The criminal liability may occur if the employee has done some thing wrong as per IPC. You need to check the work contents, responsibility and so on before proceeding on to take a criminal action. 3. The salary recoverable will depend upon the terms of contract.
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