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. .
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
Read Related Answers
Commissioner sir force me to do risky work of demolition as contractor
Dear Client,
In the prevailing situation, you can escalate your grievance before the higher authorities explaining your constraint or inability to comply with the order of demolition of the building,...
Delay payment
Dear Sir,
Better approach Police and get an undated cheque for the said amount with interest etc. If you go to the court on agreement it will be a civil case as such you have to spend lot of money and...
Termination of contract
Dear client,
Please verify with the terms and conditions of the contract verify with if the project has been suspended temporarily or permanently. you can send a legal notice to the company for breac...
West Bengal Tender for Fortified Rice
Dear sir
You may challenge negative order either before higher authorities or by approaching civil court or High court.
Breech of Employment Agreement
Dear Client,
Here are the responses to your query no.1) What are some legal actions that they can raise? Ans: The company can file a civil suit against you for damages caused by a breach of its policy...
Read Blogs on Contracts and Agreements
Contracts and Agreements Lawyers
Find Lawyers by Location
