Legal Notice against Employee | Can Employer Send A Legal Notice Against Employee?

Table Of Content

• What is a Legal Notice from Employer to Employee?
• Can a Company send a Legal Notice to an Employee?
• Can I Resign without Notice Period?
• Is it compulsory to Serve Notice Period?
• What are the Employee Resignation Rules and Regulations in India?
• Is the Notice Period Legal in India?
• What Rights does an Employee retain following a resignation?
• Can I get a Relieving Letter Without Serving Notice Period?
• Can we Ignore a Legal Notice from the Employer?

Every style of formal communication has a carefully thought-out structure that participants must adhere to. The pre-planned framework is referred to as a format. A formal written Document known as a Legal Notice is intended to notify a person or organization of a Legal issue or demand. It can be used to give Legal Notice, demand payment for a debt, or ask someone or an organization to do something specific. 

What is a Legal Notice from Employer to Employee?

All Employers in India are entitled to certain rights, just as all Employees are, regardless of whether they work in the public or private sector. These fundamental rights are proportionate to an Employer’s obligation to provide a comfortable and welcoming workplace. So if there are minute disputes between the Employer & Employee and get enraged later on which leads to taking Legal action against each Employee. 

Normally the rights of Employees are promoted almost everywhere but what if Employees are at the wrong. So isn’t it obvious for the Employers to draft a Legal Notice and send it to the Employee.

For example, if an Employee leaves without notice and takes the company’s laptop with the crucial data in it and does not return when asked back, in such cases the Employers have the Legal right to send a Legal Notice to the Employee.

Can a Company send a Legal Notice to an Employee?

Surely they can. If an Employee commits any unusual activity which is strictly against the protocols of the company then it is made sure that the Employee who did this is punished severely. If the activity passes the criteria of a Civil dispute such as theft etc then Legal Notice to Employee for misconduct can be issued from the Employer’s/Company side.

Also Read, Legal Notice vs Court Notice

Can I Resign without Notice Period?

When you join a Company, there is a perfect procedure that you have to go through. So when an Employee leaves an organization he/she must follow the leaving protocols itself too. A Company never restricts an Employee from leaving but the only thing the company wants is to serve the Notice period which is a crucial period for both the company and the Employee. Not serving notice period is nearly an act which is really inappropriate. A company can even take things Legally in these cases and send a Legal Notice to Employees for breach of contract format. So it would be better if the Employees serve their Notice Period.

Is it compulsory to Serve Notice Period?

No Company/Employer can force an Employee to serve Notice Period. But Legally it is a basic procedure to quit a Company. By serving the Notice period the benefits are to both the parties. The Company gets time to hire a new replacement to fill in the vacancy. On the other hand, Employee gets his Salary without any deductions and relieving letter without any hindrance. Else many times the company stops the relieving letters and salary if an Employee leaves without notice.

Also Read, Types of Legal Notice

What are the Employee Resignation Rules and Regulations in India?

Every company has their own set of rules and regulations for resignation. It is Legal for Employees to quit their jobs at any time in India. However, they must follow the notification requirements outlined in their employment contract or by company policy. The notice period may be between 15 days and three months, depending on the terms of the agreement. Notice Period is a time period given to the Employers to bring in a better replacement on behalf of the Employer.

The Employer has the full right to take Legal action against an Employee not serving notice period in India or send a Legal Notice to the Employee for breach of confidentiality. The Employers can also hold the Salary of the Employee who didn’t serve his/her Notice Period. 

What Rights does an Employee retain following a resignation?

If an Employee has resigned properly by abiding all the rules then he/she is entitled to their relieving letter and salary without any pay-cut.

Is the Notice Period Legal in India?

Yes. The Legal Notice in India is totally Legal. Any Employee seeking to switch their job for a good hike or any reason it is mandatory for them to serve their Notice period. A company can keep their Notice period of 2 weeks, 1 month or 3 months. The purpose of serving Notice period is to keep good relations with your previous company.

Can I get a Relieving Letter Without Serving Notice Period?

Absolutely No. No Employer has the power to refuse an Employee a letter of resignation or mandate that they work a notice period.

However, it’s also crucial to remember that all businesses have unique terms and conditions. An Employee will be forced to serve the required amount of notice in order to receive the letter of release if they signed a contract when they first started working for the company. On the other hand, he or she is permitted to request the letter even if the Employee is not serving notice period.

Can we Ignore a Legal Notice from the Employer?

Legal Notice can be ignored by the Employee but eventually every action has its reaction. So ignoring the notice can be very harmful to the receiving party since they accept that the allegations which are being imposed on them are true and valid. By reverting on them gives the party a benefit because a Legal Notice serves as a proof before Court eyes. So it is always beneficial to revert back on the Legal Notice.