I resigned from my company on the 27th of January 2020. I have a notice period of 90 days. However, I met with an accident due to which I have been advised complete bed rest for 2-3 months. I requested my company to provide me with a No Objection Certificate (NOC), but they are extending my notice period for the days I was on leave (60 days). What should I do in this case?
From India, Lucknow
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From India, Lucknow
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The concept of notice before unilateral termination of the contract of employment, either by the employer or by the employee, is based on the principle of enabling the other party to get prepared for making suitable alternative arrangements. However, this condition is normally relaxable in respect of the employee by providing a buy-out option available to him, subject to the employer's acceptance, and for the employer to pay the notice salary in lieu of notice if so provided for in the contract. Otherwise, non-compliance by anyone would certainly constitute a breach of the contract resulting in damages if contested by the aggrieved party.
If the employer finds an immediate substitute to fill the vacancy consequent on the resignation of an employee serving the notice period, to accommodate the substitute forthwith in the interest of the organization, he can make a counteroffer of paying the salary for the unserved notice period to the resignee and relieve him forthwith. Similarly, under the same pretext of the interest of the work of the organization, the employer has the discretion to turn down the buy-out option of the employee. The normal practice followed by most organizations is not allowing long leave during the notice period. That's the reason behind the proportionate extension of the notice period which cannot be legally found fault with.
Probably the poster might have an alternative job on the expiry of the notice period of 90 days during which he met with an unfortunate accident. Therefore, in such a situation, he can ask the prospective employer to extend the joining time or request the present employer either to waive the notice period of 60 days he was on leave due to the accident or permit him to buy it out.
From India, Salem
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6108If the employer finds an immediate substitute to fill the vacancy consequent on the resignation of an employee serving the notice period, to accommodate the substitute forthwith in the interest of the organization, he can make a counteroffer of paying the salary for the unserved notice period to the resignee and relieve him forthwith. Similarly, under the same pretext of the interest of the work of the organization, the employer has the discretion to turn down the buy-out option of the employee. The normal practice followed by most organizations is not allowing long leave during the notice period. That's the reason behind the proportionate extension of the notice period which cannot be legally found fault with.
Probably the poster might have an alternative job on the expiry of the notice period of 90 days during which he met with an unfortunate accident. Therefore, in such a situation, he can ask the prospective employer to extend the joining time or request the present employer either to waive the notice period of 60 days he was on leave due to the accident or permit him to buy it out.
From India, Salem
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My hr taken resignation letter forcedly otherwise company ready to terminate aligation of misconduct.with out enquiry and proofs What todo
From India, Hyderabad
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From India, Hyderabad
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It happened on Feb 28th. Till now, my February month salary has not been paid. Due to the shock, I felt depressed and sought treatment at Asha Hospital's psychiatric department. Even after explaining to HR and providing document evidence, they forced me to resign and took my laptop forcefully.
HR initially mentioned a one-month notice period would be provided after submitting the resignation. However, the HR manager later stated that my services were not required during the notice period. As of now, my February month salary remains unpaid. My termination seems to be a result of office politics.
Please advise, as I am quite worried.
From India, Hyderabad
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HR initially mentioned a one-month notice period would be provided after submitting the resignation. However, the HR manager later stated that my services were not required during the notice period. As of now, my February month salary remains unpaid. My termination seems to be a result of office politics.
Please advise, as I am quite worried.
From India, Hyderabad
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