Can My Company Force Me to Serve My Notice Period Onsite Despite Health Issues?

Hi all, Friends, I need expert advice. Please guide me on the same. I am working in a software company in Bangalore. For the past 9 months, I have been working in the U.A.E (onsite assignment). I have no contract/bond to work onsite, and I was only receiving an additional allowance apart from my salary in India.

Recently, I resigned from the company as I was unable to work onsite due to health problems. I want to serve my notice period in India but not at the client's place due to health issues. However, the company insists that I serve a 3-month notice period onsite.

Legal Concerns and Notice Period

Can the company take legal action against me if I do not serve my notice period onsite? What should I do if I want to serve my notice period in India?

Regards,

You cannot choose the place to serve your notice period. You have been working at the client site, and hence your accountability is to the client. Your pending work is at the client's site, and therefore, you need to complete your notice period also at the client site. The purpose of the notice period is to complete the pending work and to continue with the work until the company finds a suitable replacement for you, whichever is sooner. I hope this will help.

You can convince your employer that the primary reason for resigning from the job is that you have developed health problems, which require your presence in India so that your family can take care of you. Accordingly, you are ready to serve the notice period in India. The employer can always find another substitute for an onsite assignment, considering your health problems.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai