please help me to send legal notice to the Employee for not serving notice period
From India, Bangalore
9From India, Bangalore
how to write a legal notice to the Employee for not serving notice period, because one of our employee sent his resignation letter through email and next day he is not coming to the office
From India, Bangalore
From India, Bangalore
Dear Janardhan HV,
If an employee is not reporting for work, then have you sent the notice to the employee? If yes, then how many times?
If the employee has not been reporting for work, then you need to send at least two notices to the employee. If the employee does not respond, then order the domestic enquiry. If the employee does not depose before the enquiry, or if the employee deposes before the enquiry but if the misconduct is proved, then the administration of your company reserves the right to award him/her a suitable punishment, which could be termination of his/her services also.
This is a general process of discipline. Lawyers are generally not involved. By the way, when lawyers are hired for whatever purpose, they are supposed to prepare the notice and the competent lawyers do not require any spoon-feeding.
Thanks,
Dinesh Divekar
From India, Bangalore
If an employee is not reporting for work, then have you sent the notice to the employee? If yes, then how many times?
If the employee has not been reporting for work, then you need to send at least two notices to the employee. If the employee does not respond, then order the domestic enquiry. If the employee does not depose before the enquiry, or if the employee deposes before the enquiry but if the misconduct is proved, then the administration of your company reserves the right to award him/her a suitable punishment, which could be termination of his/her services also.
This is a general process of discipline. Lawyers are generally not involved. By the way, when lawyers are hired for whatever purpose, they are supposed to prepare the notice and the competent lawyers do not require any spoon-feeding.
Thanks,
Dinesh Divekar
From India, Bangalore
dear Dinesh Ji, just I wanted to send one email to him for the not serving notice period and we will hold his balance salary because in future he should not send any notice
From India, Bangalore
From India, Bangalore
Dear Janardhan HV,
If you wish to send the notice to the absenting employee, then it is a routine administrative matter of the company. It cannot be a "legal notice". Anyway, the draft could be as below:
+++++
Date:
To,
Mr/Ms ___________ (complete name of the employee)
Employee No: -
1. It has been observed that you have not reported for your duties from ________ (date). You have not communicated the reasons for your absence.
2. Your absence is unauthorised and it has been viewed seriously. You are hereby directed to report for your duties immediately upon receipt of this notice. If you fail to comply with this notice, then the administration of ___________ (complete name of your company) reserves the right to initiate disciplinary action for your misconduct.
___________ (signature)
___________ (complete name of the signatory)
+++++
Note the following:
a) Sent the hard copy of the notice by speed post and retain the file copy and receipt from the post office.
b) Before sending the notice, you may scan a copy of the notice and send it by email.
c) The notice should be signed by a senior-level employee like Director or Managing Director.
d) If the employee fails to comply with the notice, then send a second notice and follow the same procedure.
e) If the employee does not report for the duties even after sending two notices, then order the domestic enquiry and send the notice to the employee to depose before the enquiry.
f) If the employee does not depose before the enquiry, then order the enquiry once more and send a second notice to the employee.
g) If the employee does not turn up, even upon the second notice, then your company reserves the right to ex parte decision to award the employee a suitable punishment.
Thanks,
Dinesh Divekar
From India, Bangalore
If you wish to send the notice to the absenting employee, then it is a routine administrative matter of the company. It cannot be a "legal notice". Anyway, the draft could be as below:
+++++
Date:
To,
Mr/Ms ___________ (complete name of the employee)
Employee No: -
Unauthorised Absence from the Duties
1. It has been observed that you have not reported for your duties from ________ (date). You have not communicated the reasons for your absence.
2. Your absence is unauthorised and it has been viewed seriously. You are hereby directed to report for your duties immediately upon receipt of this notice. If you fail to comply with this notice, then the administration of ___________ (complete name of your company) reserves the right to initiate disciplinary action for your misconduct.
___________ (signature)
___________ (complete name of the signatory)
+++++
Note the following:
a) Sent the hard copy of the notice by speed post and retain the file copy and receipt from the post office.
b) Before sending the notice, you may scan a copy of the notice and send it by email.
c) The notice should be signed by a senior-level employee like Director or Managing Director.
d) If the employee fails to comply with the notice, then send a second notice and follow the same procedure.
e) If the employee does not report for the duties even after sending two notices, then order the domestic enquiry and send the notice to the employee to depose before the enquiry.
f) If the employee does not depose before the enquiry, then order the enquiry once more and send a second notice to the employee.
g) If the employee does not turn up, even upon the second notice, then your company reserves the right to ex parte decision to award the employee a suitable punishment.
Thanks,
Dinesh Divekar
From India, Bangalore
Hi,
Please refer the below warning letter. You may edit as per your requirement. Please send the warning letter through RPAD (Registered Post with Acknowledgement Due)
By RPAD
Warning letter without prejudice
Date________
Dear______
Ref : Your email resignation dated___
It has been observed from our Attendance records that you are not reporting to duty with effect from _____ without any proper information / prior approval from your Superior after emailing your resignation letter dated____. You had grossly shirked your responsibilities, by staying away from duty without sufficient cause, reason or information thereby acting in a manner prejudicial to the interest of the Organization. Your unauthorized absence from duty had caused unnecessary hardship to your Team. Our effort to reach you over phone was not successful. Please note that as per the terms conditions of your appointment order dated _____ you are supposed to serve proper notice period.
The above Act of yours is a serious misconduct as per the rules and regulations applicable to this Organization. You are hereby directed to report for duty forthwith on receipt of this communication, failing which stern disciplinary action will be initiated against you, including termination of your employment. In case of such termination your full and final settlement will be forfeited against shortfall in your notice period.
Acknowledge receipt of this letter.
From India, Madras
Please refer the below warning letter. You may edit as per your requirement. Please send the warning letter through RPAD (Registered Post with Acknowledgement Due)
By RPAD
Warning letter without prejudice
Date________
Dear______
Ref : Your email resignation dated___
It has been observed from our Attendance records that you are not reporting to duty with effect from _____ without any proper information / prior approval from your Superior after emailing your resignation letter dated____. You had grossly shirked your responsibilities, by staying away from duty without sufficient cause, reason or information thereby acting in a manner prejudicial to the interest of the Organization. Your unauthorized absence from duty had caused unnecessary hardship to your Team. Our effort to reach you over phone was not successful. Please note that as per the terms conditions of your appointment order dated _____ you are supposed to serve proper notice period.
The above Act of yours is a serious misconduct as per the rules and regulations applicable to this Organization. You are hereby directed to report for duty forthwith on receipt of this communication, failing which stern disciplinary action will be initiated against you, including termination of your employment. In case of such termination your full and final settlement will be forfeited against shortfall in your notice period.
Acknowledge receipt of this letter.
From India, Madras
[Your Company Name]
[Address] [City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
[Employee's Full Name]
[Employee's Address]
[City, State, Zip Code]
Subject: Legal Notice for Breach of Notice Period
Dear [Employee's Full Name],
I am writing this legal notice on behalf of [Your Company Name] (hereinafter referred to as "the Company").
It has come to our attention that you have failed to serve the notice period as per the terms and conditions of your employment agreement dated [Date of Employment Agreement].
As per the terms outlined in your employment agreement, you were required to provide [Notice Period Duration] days' notice prior to resigning from your position with the Company.
However, we regret to inform you that you resigned on [Last Working Day], which is [Number of Days Short of Notice Period] days short of the required notice period.
This action on your part constitutes a breach of contract and is a serious violation of the mutual understanding and trust that forms the basis of the employer-employee relationship. By failing to fulfill your notice period obligations, you have caused financial and operational inconvenience to the Company.
Please be aware that, as per the terms of your employment agreement, the Company is entitled to enforce remedies for such breaches, including but not limited to:
1. Recovery of salary for the shortfall in the notice period;
2. Forfeiture of any unpaid salary, benefits, or other emoluments owed to you;
3. Legal action to recover damages resulting from your premature departure; and
4. Any other remedies available under applicable laws and regulations.
To avoid any legal proceedings, we strongly urge you to rectify this breach by immediately returning to work and serving the remaining notice period as specified in your employment agreement.
You are hereby requested to report back to work on or before [Rejoining Date], failing which the Company will have no choice but to pursue legal action to protect its interests.
We sincerely hope that you will consider this matter seriously and comply with your contractual obligations. Ignoring or disregarding this legal notice may lead to severe consequences for which you will be solely responsible.
If you have any queries or require further clarification regarding this notice, you may contact me via email or phone.
Your prompt attention to this matter is expected.
Sincerely,
[Your Name]
[Your Designation]
[Note: It is strongly advised to seek legal counsel to ensure the accuracy and appropriateness of the legal notice as per the specific laws and regulations applicable in your jurisdiction.]
From United Arab Emirates, Dubai
[Address] [City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
[Employee's Full Name]
[Employee's Address]
[City, State, Zip Code]
Subject: Legal Notice for Breach of Notice Period
Dear [Employee's Full Name],
I am writing this legal notice on behalf of [Your Company Name] (hereinafter referred to as "the Company").
It has come to our attention that you have failed to serve the notice period as per the terms and conditions of your employment agreement dated [Date of Employment Agreement].
As per the terms outlined in your employment agreement, you were required to provide [Notice Period Duration] days' notice prior to resigning from your position with the Company.
However, we regret to inform you that you resigned on [Last Working Day], which is [Number of Days Short of Notice Period] days short of the required notice period.
This action on your part constitutes a breach of contract and is a serious violation of the mutual understanding and trust that forms the basis of the employer-employee relationship. By failing to fulfill your notice period obligations, you have caused financial and operational inconvenience to the Company.
Please be aware that, as per the terms of your employment agreement, the Company is entitled to enforce remedies for such breaches, including but not limited to:
1. Recovery of salary for the shortfall in the notice period;
2. Forfeiture of any unpaid salary, benefits, or other emoluments owed to you;
3. Legal action to recover damages resulting from your premature departure; and
4. Any other remedies available under applicable laws and regulations.
To avoid any legal proceedings, we strongly urge you to rectify this breach by immediately returning to work and serving the remaining notice period as specified in your employment agreement.
You are hereby requested to report back to work on or before [Rejoining Date], failing which the Company will have no choice but to pursue legal action to protect its interests.
We sincerely hope that you will consider this matter seriously and comply with your contractual obligations. Ignoring or disregarding this legal notice may lead to severe consequences for which you will be solely responsible.
If you have any queries or require further clarification regarding this notice, you may contact me via email or phone.
Your prompt attention to this matter is expected.
Sincerely,
[Your Name]
[Your Designation]
[Note: It is strongly advised to seek legal counsel to ensure the accuracy and appropriateness of the legal notice as per the specific laws and regulations applicable in your jurisdiction.]
From United Arab Emirates, Dubai
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