Legal Action against Employee not Serving Notice Period in India

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Legal Action against Employee not Serving Notice
Period in India
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INTODUCTION
In India, adherence to notice periods is a
crucial aspect of employment contracts, ensuring
a smooth transition for both the departing
employee and the organization. However, instances
where employees fail to honor these obligations
are not uncommon. Such actions constitute a
breach of contract, prompting companies to
consider legal recourse. This blog delves into
legal action against employees not serving notice
periods in India, shedding light on the
implications and potential consequences for both
parties involved.
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DOES THE NOTICE PERIOD HAVE TO BE FOLLOWED?
In all organisations, notice periods are
required nevertheless, employees are free to
choose whether or not to serve them. Employees
often ignore the inherent disadvantage of not
serving notice. A well-known, established
corporation requests a "relieving letter" as
verification of employment, in contrast to other
startup organisations
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Is it Possible for a Company to Take Legal Action
against an Employee?
Indeed, if an employee is entitled to certain
rights during their employment, the employer also
has certain rights in the event that an employee
quits without giving notice. If an employee quits
without giving notice, the employer is fully
entitled to pursue legal action.
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WHICH LEGAL ACTIONS ARE AVAILABLE TO AN EMPLOYER
IF AN EMPLOYEE FAILS TO SERVE NOTICE DURING THE
NOTICE PERIOD?
An employee's notice period after leaving an
organisation serves as a transitional period,
allowing the company and the employee to make the
necessary arrangements. According to Indian law,
there are several consequences for an employee
who resigns without giving notice

• Action taken for breach of contract
• Holding back the pay
• Relieving Letter
• Fees and Damages
• Goodwill Damage
• Blacklist

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CAN AN EMPLOYER SERVE AN EMPLOYEE WITH A LEGAL
NOTICE?
Indeed, if an employee fails to serve their
notice term, a legal notice may be sent to them
as a warning letter. It's the most effective
approach to use your resources. A legal notice is
a written warning in which the sending party
outlines the entire situation and the payment
that the receiving party must make in order to
resolve the dispute.
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