Employee Resigned Due to Health Issues: Can We Enforce Notice Period Without It in the Contract?

Hi all, I need your suggestion in resolving a case. One of the employees was on leave for the last month due to health reasons and has now sent a resignation email. According to company policy, he must serve a 2-month notice period or pay 2 months' gross salary. However, this requirement is not specified in his appointment letter. He is adamant about being relieved immediately due to health reasons and refuses to pay the 2 months' notice. He also does not require any relieving documents as he has only worked in the organization for 3 months.

Question on Notice Period and Legal Action

My question is, if he does not need relieving documents, can we still ask him to pay 2 months' gross salary? Since the appointment letter does not mention the notice period clause, can the employer take legal action?

Your suggestions are appreciated as I am in a dilemma and unsure how to advise him.

Regards,
Sasmita

Since there is no clause regarding the notice period or pay in lieu of, there is hardly anything you can do to recover the notice pay. Kindly see if there is any other document that the employee might have acknowledged regarding the notice period. It could be one of the bases to initiate the recovery. Otherwise, you may simply acknowledge the resignation without issuing the documents.

Kind regards,
Dayanand

Dear Sasmita,

Be assertive and communicate with him that the management expects him to serve a 2-month notice period; otherwise, he may face legal consequences. If he is genuinely unwell, request medical evidence such as medical bills or hospital records to verify his health condition. Share this information with the management along with evidence of his medical treatment. If the notice period clause is not stated in the appointment letter, you can inform the employee that according to company policy (Standing Orders), he is required to serve the notice period.

Considering he has worked for 3 months, he likely has another job offer. In practice, after such a short period, management rarely issues relieving orders, making it challenging to obtain the notice pay from him.

Regards,
Ramkishore

Employees are governed by the terms and conditions mentioned in the employment contract. If a 2-month notice period is not specified, you cannot force him to comply, and don't threaten legal action as the employer doesn't want to put himself in trouble.

Medical Leave and Termination

Regarding 1 month of medical leave, he has to submit a medical certificate and other relevant documents. If the doctor advises supervision and deems the employee unfit for work, on those grounds, the employee may request termination from the employer. This is acceptable.

The employer is responsible for issuing a service certificate if the employee is terminated by the employer.

As he has not completed 3 months, he might still be under the probation period, so the notice period during the probation period is less. Ask him to serve the same.

The serving of the notice period for either party is intended to facilitate the process of transitioning, whether it be for the search for a new job or finding a new candidate to fill a vacant position. In your case, the employee is unwell. Therefore, you can, on humanitarian grounds, submit a request for the waiving of the notice period for this specific case to the top management and seek their approval. Whether or not the employee requests it, please ensure that all outstanding dues are cleared promptly and provide the necessary documents such as the experience certificate, Last Pay Certificate, PF Claim form, and Gratuity claim form, all duly filled out by the employee. When the time comes, submit these documents to facilitate the process and ensure that the employee receives all their dues in a timely manner.

All the best