Hi All,
Need your suggestion in resolving one of the case
One of the employee was on leave for last 1 month on health ground and now he has sent the resignation email.
As per the company policy he has to serve 2 months notice period or pay 2 months gross salary, but the same is not mentioned anywhere in his appointment letter.
He is insisting to get relieved immediately on health grounds and not ready to pay 2 months notice, He doesnot even need the relieving documents as its hardly 3 months he has worked in the organization.
Now my question is when he doesnot need relieving documents, still can we ask him to pay 2 months gross salary? As the appointment letter doesnot have the clause of notice period, can the employer take legal action?
Kindly suggest. I am in a dilemma and not able to guide him.
Regards,
Sasmita
From India, Hyderabad
Need your suggestion in resolving one of the case
One of the employee was on leave for last 1 month on health ground and now he has sent the resignation email.
As per the company policy he has to serve 2 months notice period or pay 2 months gross salary, but the same is not mentioned anywhere in his appointment letter.
He is insisting to get relieved immediately on health grounds and not ready to pay 2 months notice, He doesnot even need the relieving documents as its hardly 3 months he has worked in the organization.
Now my question is when he doesnot need relieving documents, still can we ask him to pay 2 months gross salary? As the appointment letter doesnot have the clause of notice period, can the employer take legal action?
Kindly suggest. I am in a dilemma and not able to guide him.
Regards,
Sasmita
From India, Hyderabad
Hi,
Since there is no clause of notice period or pay in-lieu off, there is hardly any thing you can do to recover the notice pay.
Kindly see if there is any other document that the employee might have acknowledged about the notice period. It could be one of the documentary base to initiate the recovery.
Otherwise you may just acknowledge the resignation without issuing the documents.
kind regards
Dayanand
From Singapore, Singapore
29Since there is no clause of notice period or pay in-lieu off, there is hardly any thing you can do to recover the notice pay.
Kindly see if there is any other document that the employee might have acknowledged about the notice period. It could be one of the documentary base to initiate the recovery.
Otherwise you may just acknowledge the resignation without issuing the documents.
kind regards
Dayanand
From Singapore, Singapore
Dear Sasmita
Be bold and communicate him in the manner like the management is looking you to serve notice period for 2 months if not you will face legal issues, If he is really suffering from the illness get the medical acknowledgement such as Medical bills, hospital card to ensure he is feeling ill then communicate the same to the management with evidence of his medical treatments if the notice period clause is not mentioned in the appointment order you can clearly say the employee as per company policy (Standing orders) you should serve the notice period.. If he has worked for 3 months i definitely think he has got some good offer elsewhere... Accordingly working for 3 months no management gives them relieving order.. and it's difficult to get the notice pay from him!!!!
Regards,
Ramkishore
From India, Bangalore
Be bold and communicate him in the manner like the management is looking you to serve notice period for 2 months if not you will face legal issues, If he is really suffering from the illness get the medical acknowledgement such as Medical bills, hospital card to ensure he is feeling ill then communicate the same to the management with evidence of his medical treatments if the notice period clause is not mentioned in the appointment order you can clearly say the employee as per company policy (Standing orders) you should serve the notice period.. If he has worked for 3 months i definitely think he has got some good offer elsewhere... Accordingly working for 3 months no management gives them relieving order.. and it's difficult to get the notice pay from him!!!!
Regards,
Ramkishore
From India, Bangalore
Dear Ramkishore,
Employees are governed by the terms and conditions mentioned in the employment contract. If 2 month notice period is not mentioned you cannot force him to do so and don't threat of legal issue as employer doesn't want to put himself on trouble.
Regarding 1 month of medical leave he has to deposit medical certificate and other relevant documents, if doctor advice to be under supervision and not fit for work on that ground employee may ask for termination from the employer. This is acceptable.
Employer is liable to issue service certificate if also he/she is terminated by the employer.
From India, Bhubaneswar
Employees are governed by the terms and conditions mentioned in the employment contract. If 2 month notice period is not mentioned you cannot force him to do so and don't threat of legal issue as employer doesn't want to put himself on trouble.
Regarding 1 month of medical leave he has to deposit medical certificate and other relevant documents, if doctor advice to be under supervision and not fit for work on that ground employee may ask for termination from the employer. This is acceptable.
Employer is liable to issue service certificate if also he/she is terminated by the employer.
From India, Bhubaneswar
As he has not even completed 3 months , he might be still under probation period so the notice period during probation period is less . ask him to serve the same
From India, Mumbai
From India, Mumbai
Dear Sasmita
Serving of Notice period for either party is made to ease themselves, for searching for new job / searching for new candidate for the vacant post. In your case the employee is sick. So, you can on humanitarian grounds, put a file note for waiving of the Notice period for a specific case to the top management and get an approval for the same. Whether the employee requires or not please clear all his dues as early as possible and issue necessary experience certificate, Last Pay Certificate and any other required documents (PF Claim and Gratuity claim forms) duly filled by the employee and when time comes submit and ease the employee by getting all the dues in time.
All the best
From India, Kumbakonam
Serving of Notice period for either party is made to ease themselves, for searching for new job / searching for new candidate for the vacant post. In your case the employee is sick. So, you can on humanitarian grounds, put a file note for waiving of the Notice period for a specific case to the top management and get an approval for the same. Whether the employee requires or not please clear all his dues as early as possible and issue necessary experience certificate, Last Pay Certificate and any other required documents (PF Claim and Gratuity claim forms) duly filled by the employee and when time comes submit and ease the employee by getting all the dues in time.
All the best
From India, Kumbakonam
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