Hi,
I delivered a baby boy by caesarean operation. I am on maternity leave of 3 months. I applied for maternity leave extension of 3 months more because my baby is only 2 months old, and I am not well, but my HR told me to resign. My company has a 2-month notice period. I have completed all handovers before going on leave. If I resign, will the notice period be applied to me?
From India, Calcutta
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I delivered a baby boy by caesarean operation. I am on maternity leave of 3 months. I applied for maternity leave extension of 3 months more because my baby is only 2 months old, and I am not well, but my HR told me to resign. My company has a 2-month notice period. I have completed all handovers before going on leave. If I resign, will the notice period be applied to me?
From India, Calcutta
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Dear Mr. R.N. Khola,
Why do you even bother to reply to the query when this is how you have to reply? We can see the offer/appointment letter, so please next time don't reply until you are specifically asked to reply.
From India, Delhi
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Why do you even bother to reply to the query when this is how you have to reply? We can see the offer/appointment letter, so please next time don't reply until you are specifically asked to reply.
From India, Delhi
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I believe Mr. Khola has a very valid point in looking at the terms of employment. No sample of the employment contract was provided to determine whether the 2-month notice period is legal. Your hostility isn't required on this website.
My advice would be to check the termination of employment clause in the employment contract. If it does state a 2-month notice period, your resignation should be tendered effective from your last day of Maternity Leave, and the 2 months should be counted from there. The company should pay you 2 months' salary if they do not want/need you to go back to the office after Maternity Leave.
From United Kingdom, London
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1My advice would be to check the termination of employment clause in the employment contract. If it does state a 2-month notice period, your resignation should be tendered effective from your last day of Maternity Leave, and the 2 months should be counted from there. The company should pay you 2 months' salary if they do not want/need you to go back to the office after Maternity Leave.
From United Kingdom, London
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Notice period counts from the date of official resignation. Even though you handed over the entire task before you proceeded on maternity leave, that is merely to take care of your job responsibilities by someone during your absence for the smooth run of the day-to-day activities handled by you. Since there was no intention or official intimation from your end about the resignation, hence your HR is checking for the service of the notice period as per the company policy. Normally, if there is any shortfall of the notice period, it needs to be adjusted with the recovery of pay.
You can present your case on health and humanitarian grounds and seek a waiver of notice period approval from your Department head and Head HR. Also, you can present that your presence in the office during the two months (notice period) doesn't contribute to any productivity. Since there is also no monetary loss to the company, you have a fair chance to get waiver approvals.
From India, Hyderabad
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You can present your case on health and humanitarian grounds and seek a waiver of notice period approval from your Department head and Head HR. Also, you can present that your presence in the office during the two months (notice period) doesn't contribute to any productivity. Since there is also no monetary loss to the company, you have a fair chance to get waiver approvals.
From India, Hyderabad
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If you find a 2-month notice period in your appointment letter, then the HR's request to serve the 2-month notice period or pay in lieu of notice period is correct. This would be applicable even if you have completed all your assignments and handed over the company properties.
From India, Tiruchchirappalli
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From India, Tiruchchirappalli
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Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf