Hello everyone,
I am working in an organization for last 2 years. But due to personal emergencies & considering my father's health, my presence was required for my parents. Hence I have resigned to my job & requested to shorten the notice period for 30 days, where my nltice period is mentioned as 90 days in my employment contract. By considering the situations in my family, i have requested my employer to shorten the notice period for 30 days & I will buyout my 60 days notice period.
Initially, they agreed to the notice buyout and informed me orally. But after 20 days, they denied the buyout and forced me to serve 90 days of notice. Otherwise, they threatened me, saying they would mark me as absconded. For the past two years, my employer has not provided me with any basic securities or benefits, such as medical insurance, PF, Gratuity, etc., until today.
Please help me to take forward this situation to get a proper releiving in shortened notice period..
Can I fight legally with my employer on this situation? Please advise...
From India, Bengaluru
I am working in an organization for last 2 years. But due to personal emergencies & considering my father's health, my presence was required for my parents. Hence I have resigned to my job & requested to shorten the notice period for 30 days, where my nltice period is mentioned as 90 days in my employment contract. By considering the situations in my family, i have requested my employer to shorten the notice period for 30 days & I will buyout my 60 days notice period.
Initially, they agreed to the notice buyout and informed me orally. But after 20 days, they denied the buyout and forced me to serve 90 days of notice. Otherwise, they threatened me, saying they would mark me as absconded. For the past two years, my employer has not provided me with any basic securities or benefits, such as medical insurance, PF, Gratuity, etc., until today.
Please help me to take forward this situation to get a proper releiving in shortened notice period..
Can I fight legally with my employer on this situation? Please advise...
From India, Bengaluru
It is not worth continuing the establishment which does not care for the basic social security measures. If they can insist an employee to serve the notice period citing the clause in the contract of employment, you can also ask under which law does it say that an employee is liable to serve notice for leaving an employer. If you really wish to move legally, you can do it. You can inform the employer that you will report it to the authorities concerned. With this the employer will be exposed to the law enforcing officers, and that may even worsen the situation but will strengthen the industrial relations scenario which would at least benefit the other employees. But it may turn back on you when you prefer to join another organisation which may ask carry out a background verification. In order to avoid unpleasant situation, you should disclose the issue at the time of interview itself. Naturally, when the interviewer finds a career gap in your CV, he will ask about it. At that time you will obviously say that I took a gap to take care of my parents. Since this is the reply that all the recruiters get (!!!) you should take another step to clarify why a service certificate in support of your 2 years service is not available. If you are ready to give explanations then I would say that you should leave the present organisation immediately.
From India, Kannur
4220From India, Kannur
Dear Suresh,
It is important to handle this situation carefully and professionally to avoid any legal complications while ensuring your concerns are addressed.
1. Document Everything: The first step you should take is to ensure that every communication with your employer, especially regarding your resignation, notice period, and buyout agreement, is in writing. If your employer initially agreed to a 60-day buyout, you should have received a formal acceptance letter or email confirming this. If not, send a follow-up email to your HR department to confirm the agreement, along with the details of your resignation and the buyout of the notice period. This will serve as evidence if needed in the future.
2. Medical Documentation: Given that your resignation is due to personal emergencies and your father’s health condition, it is crucial to provide all relevant medical reports and evidence to your employer. Attach these reports to a formal request to shorten your notice period, explaining that your immediate presence is required at home. Be honest and transparent in your communication, and emphasize that your primary reason for leaving is your father’s health and not joining another company.
3. Negotiation: Before considering any legal action, it’s always better to try resolving the issue internally. Request a meeting with your HR team or reporting manager to explain your situation personally and discuss a compromise. Present the medical documents to reinforce your request for a reduced notice period. Explain that you are willing to pay the 60-day notice period buyout as initially agreed and clarify that there has been no false information or hidden agenda from your side.
4. Statutory Benefits: As per your concern about not receiving statutory benefits such as PF, Gratuity, and medical insurance:
Gratuity is only payable after completing five years of continuous service, so you may not be eligible yet.
Provident Fund (PF): If your salary exceeds the limit set for PF coverage, the company may not be required to provide it. However, if you were eligible and the company did not enroll you, you can raise this issue with the Employees' Provident Fund Organization (EPFO).
Medical Insurance: This is usually governed by company policy unless you fall under the ESI (Employee State Insurance) scheme. If you’re not covered by ESI, medical insurance is not mandatory unless stated in your contract.
5. Legal Action: If negotiations with your employer fail and you still feel you are being treated unfairly, you can consider taking legal action. However, legal processes can be time-consuming and stressful.
From India, Karimnagar
It is important to handle this situation carefully and professionally to avoid any legal complications while ensuring your concerns are addressed.
1. Document Everything: The first step you should take is to ensure that every communication with your employer, especially regarding your resignation, notice period, and buyout agreement, is in writing. If your employer initially agreed to a 60-day buyout, you should have received a formal acceptance letter or email confirming this. If not, send a follow-up email to your HR department to confirm the agreement, along with the details of your resignation and the buyout of the notice period. This will serve as evidence if needed in the future.
2. Medical Documentation: Given that your resignation is due to personal emergencies and your father’s health condition, it is crucial to provide all relevant medical reports and evidence to your employer. Attach these reports to a formal request to shorten your notice period, explaining that your immediate presence is required at home. Be honest and transparent in your communication, and emphasize that your primary reason for leaving is your father’s health and not joining another company.
3. Negotiation: Before considering any legal action, it’s always better to try resolving the issue internally. Request a meeting with your HR team or reporting manager to explain your situation personally and discuss a compromise. Present the medical documents to reinforce your request for a reduced notice period. Explain that you are willing to pay the 60-day notice period buyout as initially agreed and clarify that there has been no false information or hidden agenda from your side.
4. Statutory Benefits: As per your concern about not receiving statutory benefits such as PF, Gratuity, and medical insurance:
Gratuity is only payable after completing five years of continuous service, so you may not be eligible yet.
Provident Fund (PF): If your salary exceeds the limit set for PF coverage, the company may not be required to provide it. However, if you were eligible and the company did not enroll you, you can raise this issue with the Employees' Provident Fund Organization (EPFO).
Medical Insurance: This is usually governed by company policy unless you fall under the ESI (Employee State Insurance) scheme. If you’re not covered by ESI, medical insurance is not mandatory unless stated in your contract.
5. Legal Action: If negotiations with your employer fail and you still feel you are being treated unfairly, you can consider taking legal action. However, legal processes can be time-consuming and stressful.
From India, Karimnagar
I do not think you have much of legal grounds to fight.
The notice period buyout is an option at discretion of the employer, so you cant claim it as a right.
I am sure the employer does not believe that you actually have a family emergency.
If you cant work, and are marked as absconded, does it really matter to you? And why?
They are not taking you back anyway.
In your next job, for BVG, show them the medical certificates, invoices, etc of your father to justify why you had to leave without full notice period.
As for the rest of your 'social benefits', MediClaim is not compulsory in law. If you are with a salary of less than 21000 you can get ESIC (you have not disclosed your salary or your position). Gratuity does not apply for less than 5 years. PF, if you are an exempt employee, it will not apply. We do not have any details.
If you were supposed to get PF, Medical, etc as per your terms of employment, then you have some ground for legal action. Otherwise, no.
You can always try going to the court, alleging harassment, etc. But it is unlikely to work. And you need to have money for lawyers fees, etc.
From India, Mumbai
The notice period buyout is an option at discretion of the employer, so you cant claim it as a right.
I am sure the employer does not believe that you actually have a family emergency.
If you cant work, and are marked as absconded, does it really matter to you? And why?
They are not taking you back anyway.
In your next job, for BVG, show them the medical certificates, invoices, etc of your father to justify why you had to leave without full notice period.
As for the rest of your 'social benefits', MediClaim is not compulsory in law. If you are with a salary of less than 21000 you can get ESIC (you have not disclosed your salary or your position). Gratuity does not apply for less than 5 years. PF, if you are an exempt employee, it will not apply. We do not have any details.
If you were supposed to get PF, Medical, etc as per your terms of employment, then you have some ground for legal action. Otherwise, no.
You can always try going to the court, alleging harassment, etc. But it is unlikely to work. And you need to have money for lawyers fees, etc.
From India, Mumbai
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