My wife is working with a Pvt company in Bangalore. she had worked with this company for more than 60 Months. We became proud parents in Nov 2011. After her medical leaves, she tried to work for a month but couldn\'t continue due to the health reasons as well as the baby. After this she took additional 1 month PL and then in last month she resigned, now company is asking her to complete 3 months notice or asking her to pay 3 months salary. I want to know can she be relieved without serving the notice period or paying back 3months salary?
From India, Bangalore
From India, Bangalore
3
Hope she has received Maternity Benefit from the employer. If this assumption is right, then employer is also right.
If the terms of employment says that you need to serve three months notice to company, you are required to adhere to it. Or if you want to be relieved earlier, then there is NOTHING WRONG in adjusting the amount payable for the balance notice period, against the dues payable to you.
How can you expect the employer not to deduct the notice period pay? I am asking a question. If the same employer communicates you (or your wife for that matter) that you are not required in their services any longer (or from a particular date) when you come to office for signing the muster, how would you react? Will you not expect some notice period required to apply for new jobs, collect your offer / appoitment letter, so that the exit process would be smoother?
If you agree to this point, then employer also has his right to expect you to serve notice period, for him to locate a potential candidate to be put on the job, train him and take over charge from the outgoing candidate.
I always believe when you do good things (irrespective of others doing good to you or no), you will receive good deeds. It is like a "rubber ball" thrown on a wall. (you play this and see yourself). When you throw a rubber ball on the wall, the speed or pressure with which you throw, with the same speed, it comes back to you. (I have played myself and learnt a message from this).
It is upto you to decide to adhere to the company's rules or kick the employer and vanish without any information.
Balaji
From India, Madras
If the terms of employment says that you need to serve three months notice to company, you are required to adhere to it. Or if you want to be relieved earlier, then there is NOTHING WRONG in adjusting the amount payable for the balance notice period, against the dues payable to you.
How can you expect the employer not to deduct the notice period pay? I am asking a question. If the same employer communicates you (or your wife for that matter) that you are not required in their services any longer (or from a particular date) when you come to office for signing the muster, how would you react? Will you not expect some notice period required to apply for new jobs, collect your offer / appoitment letter, so that the exit process would be smoother?
If you agree to this point, then employer also has his right to expect you to serve notice period, for him to locate a potential candidate to be put on the job, train him and take over charge from the outgoing candidate.
I always believe when you do good things (irrespective of others doing good to you or no), you will receive good deeds. It is like a "rubber ball" thrown on a wall. (you play this and see yourself). When you throw a rubber ball on the wall, the speed or pressure with which you throw, with the same speed, it comes back to you. (I have played myself and learnt a message from this).
It is upto you to decide to adhere to the company's rules or kick the employer and vanish without any information.
Balaji
From India, Madras
Generally Managements do not waive notice periods. Some times they reach an understanding that she could be relieved on expiry of third month but ask her to come to work for a while. Best thing is to go for a week, then take leave ebven if it is loss of pay, then again go and request for leave till she is relieved. This is how they can help
Plain waiver of Notice Period is generally avoided.
T Sivasankaran
From India, Chennai
Plain waiver of Notice Period is generally avoided.
T Sivasankaran
From India, Chennai
I have a suggestion. Does your wife want to quit her job. There are companies who allow you to take a year break for valid reasons specially maternity. May be this option can be checked out. This will be loss of pay.
Otherwise I agree with what Smitha said.
Adit
From India, Hyderabad
Otherwise I agree with what Smitha said.
Adit
From India, Hyderabad
During the Maternity leave no employer can terminate any one , because Act does not permitted for this. As you written that ,here your wife does not wants to continue her job as health ground , no problem se can resigne from the service with out any problem.
From India, Ghaziabad
From India, Ghaziabad
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf