I have worked in an organization for one and a half years. Unfortunately, I contracted a serious illness, which took more than a month to recover from. Before being hospitalized, I informed my supervisor about my situation. At the same time, I was told that I had exceeded the allowed leaves and, as per the company policy, I would not be able to rejoin. I was instructed to speak to the settlement team. I did so, and they then informed me that I had not served my notice period, so I have to pay two months' salary. I don't understand why they did this to me, but my concern is to understand why they are asking for the entire salary. I believe it should be only the basic salary.
Could someone please tell me if there is a rule that states if you cannot serve your notice period, you have to pay two months of the entire salary? I have spoken to my manager and HR, but they are not showing any interest in helping or guiding me.
From India, New Delhi
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Could someone please tell me if there is a rule that states if you cannot serve your notice period, you have to pay two months of the entire salary? I have spoken to my manager and HR, but they are not showing any interest in helping or guiding me.
From India, New Delhi
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Dear friend, the occasion for giving notice arises only when the contract of employment is terminated by either party, namely the employer or the employee. In your case, you have not resigned but proceeded on leave due to contracting an illness and subsequently being hospitalized for treatment. You also informed the supervisor of this situation before being hospitalized. Therefore, if you are willing to return to work, the management cannot refuse your reentry based on any specific policy they may have.
In your response to them, kindly and firmly convey that their denial of your request to resume your duties would be considered a refusal of employment, for which you may need to pursue appropriate legal action.
Best regards, [Your Name]
From India, Salem
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6108In your response to them, kindly and firmly convey that their denial of your request to resume your duties would be considered a refusal of employment, for which you may need to pursue appropriate legal action.
Best regards, [Your Name]
From India, Salem
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