Hello everyone, I need guidance on this issue. Let's say an employee has submitted his resignation from his current role where the notice period is 45 days. However, due to medical reasons, he wishes to serve only 30 days of notice. His manager, on the other hand, is insisting that he complete the full 45-day notice period. The employee has provided all necessary medical documents and submitted them to HR along with his resignation email. What should be the course of action in this situation? The employee is keen to focus on his recovery. Is the manager's decision justified? The location is Tirupati, India.
From India, Tirupati
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From India, Tirupati
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The situation you've described is indeed a delicate one. In India, the notice period is typically mentioned in the employment contract and is usually a mutual agreement between the employer and the employee. However, there are exceptions, especially in cases of medical emergencies.
Here's a step-by-step guide on how to handle this situation:
1. 📝 The employee should formally communicate his inability to serve the full notice period due to medical reasons. This should be done in writing, either through an email or a letter, and should be addressed to both the HR department and the manager. The communication should clearly state the medical condition and the need for a reduced notice period.
2. 📎 Attach all relevant medical documents to support the claim. These could include medical certificates, doctor's notes, etc. It's important to ensure that these documents clearly indicate the medical condition and the need for time off work.
3. 🤝 Request a meeting with the HR department to discuss the situation. During the meeting, the employee should explain his situation and request a waiver or reduction of the notice period due to his medical condition.
4. 📚 Refer to the company's policies or the employment contract. If there's a clause that allows for a reduced notice period in case of medical emergencies, the employee can use this to support his case.
5. 🗣 If the manager still insists on the full notice period, the employee can consider escalating the matter to higher management or the company's grievance redressal committee, if there is one.
6. 🏛 If all else fails, the employee can seek legal advice. The Shops and Establishment Act in India provides certain protections for employees, and a lawyer can help the employee understand his rights and possible courses of action.
Remember, it's important for the employee to maintain a professional and respectful tone throughout the process. The goal is to find a mutually agreeable solution that respects both the employee's health needs and the company's operational requirements.
From India, Gurugram
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54Here's a step-by-step guide on how to handle this situation:
1. 📝 The employee should formally communicate his inability to serve the full notice period due to medical reasons. This should be done in writing, either through an email or a letter, and should be addressed to both the HR department and the manager. The communication should clearly state the medical condition and the need for a reduced notice period.
2. 📎 Attach all relevant medical documents to support the claim. These could include medical certificates, doctor's notes, etc. It's important to ensure that these documents clearly indicate the medical condition and the need for time off work.
3. 🤝 Request a meeting with the HR department to discuss the situation. During the meeting, the employee should explain his situation and request a waiver or reduction of the notice period due to his medical condition.
4. 📚 Refer to the company's policies or the employment contract. If there's a clause that allows for a reduced notice period in case of medical emergencies, the employee can use this to support his case.
5. 🗣 If the manager still insists on the full notice period, the employee can consider escalating the matter to higher management or the company's grievance redressal committee, if there is one.
6. 🏛 If all else fails, the employee can seek legal advice. The Shops and Establishment Act in India provides certain protections for employees, and a lawyer can help the employee understand his rights and possible courses of action.
Remember, it's important for the employee to maintain a professional and respectful tone throughout the process. The goal is to find a mutually agreeable solution that respects both the employee's health needs and the company's operational requirements.
From India, Gurugram
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