Is My Employer's Refusal to Waive My Notice Period Legal When I Need to Care for My Parents?

Dear Members, I resigned one month ago because my parents are unwell, and my presence with them is required. I have shared a medical certificate from the doctor with my manager and HR. My manager is harassing me, saying, "Whatever happens to your parents, I don't care, and you have to complete a 3-month NP as a business requirement." However, there were people senior to me, and he waived off their NP, allowing them to leave the organization in 10 days. I mentioned that I understand my responsibilities for the business as well and will provide a complete handover and knowledge transfer until the end of May to ensure the business stays on track. Unfortunately, they are not listening and are imposing their viewpoint as dictators. I am unable to buy out my NP, and both my manager and HR are threatening to terminate my contract if I cannot pay. They refuse to relieve me on compassionate grounds. If necessary, I am willing to accept termination because I must take care of my parents. However, I need your help to understand if the organization's actions are justifiable in a court of law or under labor laws. Please help.

Best Regards, Gaurav

Your duty right now is for your parents.

Write to a higher official in your company and politely point out that other people have been allowed to quit with a 10-day notice, and that your manager is not showing humanitarian concerns.

Please do not consider legal proceedings, as you need time to care for your parents. The organization cannot easily take any legal actions against you.

Thank you.

You have mentioned that people were relieved in 10 days. Have they been let go after they paid the notice period, or is it not known to you? If the service conditions mention a 3-month notice period, then the company has all the right to ask you to serve the entire notice period and deny the recovery towards the same.

Also, you can request the management for early relieving, but not demand the same. Speak to higher management about your problems, not in comparison with others.

Regards,
Ashutosh Thakre

Thank you, sirs, for the reply. People who were relieved didn't buy out NP; it was waived off by my manager. When I requested my manager, out of sheer grudge, he is harassing me. I have escalated to top management; hope they listen to my request.

Understanding Employer Reactions to Resignation

In most companies, HR or the bosses are reasonable. It seems they don't believe that your parents are genuinely sick, and they are aware that medical certificates can be easily obtained. If it's a matter of looking after ailing parents, one might seek long leave, perhaps unpaid, but there's no need to resign. However, it appears you have another job offer, and your new employers are pressuring you for an early start. This might be what your current employers suspect.

If you are sincere, you should be able to convince them that you need to be with your parents. Be genuine, and they will understand. If you've fabricated a story to join another company, they will not relent. Forget about legal options.

Hi, thank you for the reply. When I suggested taking a long leave, I was also told to ensure that work is not hampered. I am not in a situation to ride on two boats. I have shared the proof; let's see what they decide.