I resigned from my company on the 27th of January 2020. I have a notice period of 90 days. However, I met with an accident due to which I have been advised complete bed rest for 2-3 months. I requested my company to provide me with a No Objection Certificate (NOC), but they are extending my notice period for the days I was on leave (60 days). What should I do in this case?
From India, Lucknow
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From India, Lucknow
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Notice Before Unilateral Termination of Employment Contract
The concept of notice before the unilateral termination of the employment contract, either by the employer or the employee, is based on the principle of enabling the other party to prepare for making suitable alternative arrangements. However, this condition is normally relaxable for the employee by providing a buy-out option, subject to the employer's acceptance. Similarly, the employer may pay the notice salary in lieu of notice if provided for in the contract. Otherwise, non-compliance by either party would constitute a breach of the contract, resulting in damages if contested by the aggrieved party.
If the employer finds an immediate substitute to fill the vacancy caused by an employee serving the notice period, they can make a counteroffer to pay the salary for the unserved notice period to the resigning employee and relieve them immediately. Similarly, under the same pretext of organizational interest, the employer has the discretion to turn down the employee's buy-out option. The normal practice followed by most organizations is not allowing long leave during the notice period. This is the reason behind the proportionate extension of the notice period, which cannot be legally faulted.
Handling Notice Period During Unforeseen Circumstances
Probably, the poster might have an alternative job at the expiry of the 90-day notice period during which they met with an unfortunate accident. In such a situation, they can ask the prospective employer to extend the joining time or request the current employer to either waive the notice period of 60 days they were on leave due to the accident or permit them to buy it out.
From India, Salem
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6108The concept of notice before the unilateral termination of the employment contract, either by the employer or the employee, is based on the principle of enabling the other party to prepare for making suitable alternative arrangements. However, this condition is normally relaxable for the employee by providing a buy-out option, subject to the employer's acceptance. Similarly, the employer may pay the notice salary in lieu of notice if provided for in the contract. Otherwise, non-compliance by either party would constitute a breach of the contract, resulting in damages if contested by the aggrieved party.
If the employer finds an immediate substitute to fill the vacancy caused by an employee serving the notice period, they can make a counteroffer to pay the salary for the unserved notice period to the resigning employee and relieve them immediately. Similarly, under the same pretext of organizational interest, the employer has the discretion to turn down the employee's buy-out option. The normal practice followed by most organizations is not allowing long leave during the notice period. This is the reason behind the proportionate extension of the notice period, which cannot be legally faulted.
Handling Notice Period During Unforeseen Circumstances
Probably, the poster might have an alternative job at the expiry of the 90-day notice period during which they met with an unfortunate accident. In such a situation, they can ask the prospective employer to extend the joining time or request the current employer to either waive the notice period of 60 days they were on leave due to the accident or permit them to buy it out.
From India, Salem
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My hr taken resignation letter forcedly otherwise company ready to terminate aligation of misconduct.with out enquiry and proofs What todo
From India, Hyderabad
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From India, Hyderabad
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It happened on Feb 28th. Till now, my February salary has not been paid. Due to the shock, I felt depressed and sought treatment at Asha Hospital's psychiatric department. Even after explaining to HR and providing document evidence, they forced me to resign and took my laptop forcefully.
Notice Period and Termination
HR initially mentioned a one-month notice period would be provided after submitting the resignation. However, the HR manager later stated that my services were not required during the notice period. As of now, my February salary remains unpaid. My termination seems to be a result of office politics.
Please advise, as I am quite worried.
From India, Hyderabad
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Notice Period and Termination
HR initially mentioned a one-month notice period would be provided after submitting the resignation. However, the HR manager later stated that my services were not required during the notice period. As of now, my February salary remains unpaid. My termination seems to be a result of office politics.
Please advise, as I am quite worried.
From India, Hyderabad
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Notice Period Extension Letter Format.doc