Facing a Notice Period Dilemma: Can I Legally Challenge My Employer's Decision?

Hello everyone,

I have been working in an organization for the last two years. However, due to personal emergencies and considering my father's health, my presence was required for my parents. Therefore, I have resigned from my job and requested to shorten the notice period to 30 days, even though my notice period is stated as 90 days in my employment contract. Given the family situations, I have asked my employer to reduce the notice period to 30 days, and I am willing to buy out the remaining 60 days of the notice period.

Initially, they agreed to the notice buyout and communicated it to me verbally. However, after 20 days, they declined the buyout and insisted that I serve the full 90 days of notice. They even threatened to mark me as absconded if I don't comply. Throughout the two years of my employment, my employer has not provided me with basic benefits or securities such as medical insurance, PF, Gratuity, etc., up to this day.

I seek guidance on how to proceed with this situation to obtain proper relieving within the shortened notice period. Can I take legal action against my employer in this scenario? Your advice would be greatly appreciated.

It is not worth continuing with an establishment that does not care for basic social security measures. If they can insist an employee serves the notice period citing the clause in the contract of employment, you can also ask under which law states that an employee is liable to serve notice before leaving an employer. If you wish to proceed legally, you can do so. Inform the employer that you will report the issue to the relevant authorities. This action will expose the employer to law enforcement officers, potentially worsening the situation but strengthening the industrial relations scenario, which would benefit other employees at least.

However, this stance may backfire if you decide to join another organization that conducts a background verification. To avoid an unpleasant situation, disclose the issue during the interview. When the interviewer notices a career gap on your CV, they will inquire about it. At that point, you can explain that you took a gap to care for your parents. Since this response is typical among all recruiters, you should take an extra step to clarify why a service certificate supporting your two years of service is unavailable. If you are willing to provide explanations, I suggest leaving the current organization immediately.

Dear Suresh,

It is important to handle this situation carefully and professionally to avoid any legal complications while ensuring your concerns are addressed.

1. Document Everything: The first step you should take is to ensure that every communication with your employer, especially regarding your resignation, notice period, and buyout agreement, is in writing. If your employer initially agreed to a 60-day buyout, you should have received a formal acceptance letter or email confirming this. If not, send a follow-up email to your HR department to confirm the agreement, along with the details of your resignation and the buyout of the notice period. This will serve as evidence if needed in the future.

2. Medical Documentation: Given that your resignation is due to personal emergencies and your father's health condition, it is crucial to provide all relevant medical reports and evidence to your employer. Attach these reports to a formal request to shorten your notice period, explaining that your immediate presence is required at home. Be honest and transparent in your communication, and emphasize that your primary reason for leaving is your father's health and not joining another company.

3. Negotiation: Before considering any legal action, it's always better to try resolving the issue internally. Request a meeting with your HR team or reporting manager to explain your situation personally and discuss a compromise. Present the medical documents to reinforce your request for a reduced notice period. Explain that you are willing to pay the 60-day notice period buyout as initially agreed and clarify that there has been no false information or hidden agenda from your side.

4. Statutory Benefits: As per your concern about not receiving statutory benefits such as PF, Gratuity, and medical insurance: Gratuity is only payable after completing five years of continuous service, so you may not be eligible yet. Provident Fund (PF): If your salary exceeds the limit set for PF coverage, the company may not be required to provide it. However, if you were eligible and the company did not enroll you, you can raise this issue with the Employees' Provident Fund Organization (EPFO). Medical Insurance: This is usually governed by company policy unless you fall under the ESI (Employee State Insurance) scheme. If you're not covered by ESI, medical insurance is not mandatory unless stated in your contract.

5. Legal Action: If negotiations with your employer fail and you still feel you are being treated unfairly, you can consider taking legal action. However, legal processes can be time-consuming and stressful.

I do not think you have much legal ground to fight.

Notice period buyout

The notice period buyout is an option at the discretion of the employer, so you can't claim it as a right. I am sure the employer does not believe that you actually have a family emergency.

If you can't work and are marked as absconded, does it really matter to you? And why? They are not taking you back anyway. In your next job, for BVG, show them the medical certificates, invoices, etc., of your father to justify why you had to leave without the full notice period.

Social benefits and legal grounds

As for the rest of your 'social benefits', MediClaim is not compulsory in law. If you are with a salary of less than 21,000, you can get ESIC (you have not disclosed your salary or your position). Gratuity does not apply for less than 5 years. PF, if you are an exempt employee, will not apply. We do not have any details.

If you were supposed to get PF, Medical, etc., as per your terms of employment, then you have some grounds for legal action. Otherwise, no.

You can always try going to court, alleging harassment, etc. But it is unlikely to work. And you need to have money for lawyers' fees, etc.