Breach of contract
4 months ago
I own an education centre .On of my employee has breached the contract.She is working in somewhere else without fulfilling the signed contract terms and relieving process.She is not responding to calls and mails.what should be my next step of action as this is complete unethical and unprofessional attitude towards any workplace.
A.Under employment law, an employee can be legally sued for breach of contract. When an employee fails to fulfill the terms and conditions outlined in their employment contract, the employer has the right to seek legal remedies. These may include claiming damages for any losses incurred due to the breach or seeking an injunction to prevent further breaches. However, it’s essential to handle such situations carefully and in accordance with the law. .
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A.Dear Client,
In the given situation, on breach of terms of contract by an employee, which is typically considered as misconduct, he or she may face disciplinary action from the employer or termination from employment with a notice if it is explicitly stipulated in the contract of employment. So, based on the terms of the contract of employment, you may take action against the employee. As per model standing orders followed by the average employer in the absence of certified standing orders under the Industrial Employment (Standing Orders) Act, 1946 as well as the State-specific Shops and Establishments Act, a one-month notice or pay in lieu of notice is required to be served to the employee before terminating his/her employment from the establishment/company other than dismissal/termination of service as a measure of disciplinary action for proven misconduct.
In the given situation, on breach of terms of contract by an employee, which is typically considered as misconduct, he or she may face disciplinary action from the employer or termination from employment with a notice if it is explicitly stipulated in the contract of employment. So, based on the terms of the contract of employment, you may take action against the employee. As per model standing orders followed by the average employer in the absence of certified standing orders under the Industrial Employment (Standing Orders) Act, 1946 as well as the State-specific Shops and Establishments Act, a one-month notice or pay in lieu of notice is required to be served to the employee before terminating his/her employment from the establishment/company other than dismissal/termination of service as a measure of disciplinary action for proven misconduct.
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