Hi,
What legal procedure can exactly be taken in case of employee neither serving notice period nor paying the sum of amount defined in the appointment letter. Its a sudden resignation from an employee and has not turned back.
Kindly help in this regard.
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FNF will not be done and no letter will be issued.
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As per terms if the employee has not serviced notice then, it can be adjusted in FNF. Apart from this as an employer, you can withhold the Gratuity amount or any benefit payable to him.
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If the terms have been put down in the appointment letter, you can proceed legally.
Gratuity cannot be deferred for this reason.
Thank you.
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Neverthless unless the employee is a core skelton for work, the best way to is to issue three notices in sucession with an intimation to report to office on failure of which the legal proceedings under the employment contract shall be undertaken.
In case the employee is core skelton in the work, try convincing employee on grounds of reporting and black listing of the employee with NASSCOM, as well as non confirmity letter on releaving, Full and finall settlement held back , non marking the employee as exit in the EPFO portal as well as make sure the Back ground verification the employee must be marked as still under employment, so that the new employer will not offer a role for prospective employment.
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