My wife is about to complete here maternity leave and decided not to join the work due to health issue and baby care.
She has requested employer for the resignation and wave off the notice period but the employer denied saying that She has only two options - 1. Serve 90 days notice 2. Buy out notice and pay back salary of 3 months.
How this situation can be handled?
From Netherlands, Hoofddorp
She has requested employer for the resignation and wave off the notice period but the employer denied saying that She has only two options - 1. Serve 90 days notice 2. Buy out notice and pay back salary of 3 months.
How this situation can be handled?
From Netherlands, Hoofddorp
Hi
Hope your question as per Indian Laws.
Upon completion of 182 days statutory Maternity period if health condition demands subject to recommendation of a Registered Doctor Employee can apply for another one month with proper Doctor certificate. Subsequently if employee opt for resignation employer on humanterian grounds can consider it with one month notice or without notice also. But it is not mandatory on the employer part.
Demanding 3 months notice or salary in lieu of the same seems very hard and not making sense. You may seek the help of Local Labour officials who help you out of the way.
From India, Madras
942Hope your question as per Indian Laws.
Upon completion of 182 days statutory Maternity period if health condition demands subject to recommendation of a Registered Doctor Employee can apply for another one month with proper Doctor certificate. Subsequently if employee opt for resignation employer on humanterian grounds can consider it with one month notice or without notice also. But it is not mandatory on the employer part.
Demanding 3 months notice or salary in lieu of the same seems very hard and not making sense. You may seek the help of Local Labour officials who help you out of the way.
From India, Madras
Thank you for your response.
Also, Employer has mentioned if we don't service notice or do the payout, they will hold the final settlement and relieving letter.
I will look for help from local labour officials.
From Netherlands, Hoofddorp
Also, Employer has mentioned if we don't service notice or do the payout, they will hold the final settlement and relieving letter.
I will look for help from local labour officials.
From Netherlands, Hoofddorp
Hi As resignation is after Maternity that even on health employer cannot apply the same scale as like normal resignation cases. You can seek the help of local labour officials.
From India, Madras
From India, Madras
I think that first the poster has to approach the concept of notice clause relating to unilateral termination of employment in a dispassionate manner.
Notice clause in the contract of employment imposes a restriction on the tendency to instantaneous termination of employment so that the resultant hardships likely to be undergone by both the employer and the employee concerned can be avoided or minimized. However, it is also flexible to the extent of exercising certain alternative options by the parties befitting the necessity of the unilateral exit. That's how the buy out clause or the waiver clause of notice period has to be viewed.
The situation explained in the post relates to the employee's practical difficulty in rejoining after the expiration of the maternity leave availed. Of course, the employee's decision to quit the job can be genuine and the employer also doesn't seem to be skeptical about it or to be in a tight refusal mode to insist upon the compulsory serving of the notice period; on the other hand, he insists on the payment of salary in lieu of notice.
Therefore, it is not advisable to precipitate the issue by approaching the Government authorities. Better the poster and his wife seek an audience with the CEO of the organization and convincingly request for a gracious waiver or considerable reduction in the amount of the buy out.
From India, Salem
Notice clause in the contract of employment imposes a restriction on the tendency to instantaneous termination of employment so that the resultant hardships likely to be undergone by both the employer and the employee concerned can be avoided or minimized. However, it is also flexible to the extent of exercising certain alternative options by the parties befitting the necessity of the unilateral exit. That's how the buy out clause or the waiver clause of notice period has to be viewed.
The situation explained in the post relates to the employee's practical difficulty in rejoining after the expiration of the maternity leave availed. Of course, the employee's decision to quit the job can be genuine and the employer also doesn't seem to be skeptical about it or to be in a tight refusal mode to insist upon the compulsory serving of the notice period; on the other hand, he insists on the payment of salary in lieu of notice.
Therefore, it is not advisable to precipitate the issue by approaching the Government authorities. Better the poster and his wife seek an audience with the CEO of the organization and convincingly request for a gracious waiver or considerable reduction in the amount of the buy out.
From India, Salem
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf