Notice Period Dilemma: Can I Negotiate My Exit Due to Health Issues Without Legal Trouble?

Dear Sir/Madam,

With reference to the above subject, I request your advice for the problem I am facing.

Notice Period Dilemma

I have a two-month notice period in my current company. There is a clause in the appointment letter stating, "The company reserves the right to pay or receive salary in lieu of the notice period."

I submitted my resignation on 2nd March 2023 on medical grounds and am currently serving the notice period. Due to my health issues, I am unable to complete the full two months. However, I am willing to serve one month and pay the salary for the other month.

Unfortunately, they are currently not accepting this arrangement. In this case, can I write an email stating that I will serve only a one-month notice period with a maximum of one-week extension? Additionally, can I courier my ID card and SIM card to the HR department?

I am concerned about any potential legal issues that may arise. Please advise me on the best course of action.

Thank you for your guidance and assistance.

Hi, If your reason for sickness is genuine, the employer should consider it after collecting proper medical proof. Even if you are willing to serve one month's notice and pay the salary for another month, which is fair enough. Now, if your employer insists on two months compulsorily and if you stop going to the office after the 1-month notice, they will likely treat it as unauthorized absence during the notice period, even if you courier your ID/SIM card. The consequences will be that they will initiate disciplinary action, issue a warning followed by termination, and hold your Full and Final Settlement (FFS). This could affect your future employment during Background Verification (BGV). It's better to resolve it amicably. Contact the deciding authority in person with all relevant medical documents and request relief with one month's notice and one month's pay to cover the shortfall in notice. The outcome will depend on your negotiation skills.