I have resigned my company on 27th Jan 2020. I have notice period of 90 days. But I met with an accident due to which I have been advised for complete bed rest for 2-3 months.I have asked my company to provide me NOC but they are extending my notice period for the days i was on leave (60 days). What to do in this case.
From India, Lucknow
From India, Lucknow
The concept of notice before unilateral termination of the contract of employment either by the employer or by the employee is based on the principle of enabling the other party get prepared for making suitable alternative arrangements only. However, this condition is normally relaxable in respect of the employee by providing a buy-out option available to him subject to the employer's acceptance and for the employer to pay the notice salary in lieu of notice if so provided for in the contract. Otherwise, non-compliance by any one would certainly a breach of the contract resulting in damages if agitated by the aggrieved party.
If the employer finds an immediate substitute to fill up the vacancy consequent on the resignation of an employee serving the notice period, to accommodate the substitute forth with in the interest of the organization, he can make a counter offer of paying the salary for the unserved notice period to the resignee and relieve him forth with. Similarly, under the same pretext of interest of the work of the organization, the employer has the discretion to turn down the buy-out option of the employee. The normal practice followed by most of the organizations is not allowing long leave during notice period. That's the reason behind the proportionate extension of notice period which cannot be legally found fault with.
Probably the poster might have an alternative job on the expiry of the notice period of 90 days during which he met with an unfortunate accident. Therefore, in such a situation he can ask the prospective employer to extend the joining time or request the present employer either to waive off the notice period of 60 days he was on leave due to the accident or permit him to buy it out.
From India, Salem
6018If the employer finds an immediate substitute to fill up the vacancy consequent on the resignation of an employee serving the notice period, to accommodate the substitute forth with in the interest of the organization, he can make a counter offer of paying the salary for the unserved notice period to the resignee and relieve him forth with. Similarly, under the same pretext of interest of the work of the organization, the employer has the discretion to turn down the buy-out option of the employee. The normal practice followed by most of the organizations is not allowing long leave during notice period. That's the reason behind the proportionate extension of notice period which cannot be legally found fault with.
Probably the poster might have an alternative job on the expiry of the notice period of 90 days during which he met with an unfortunate accident. Therefore, in such a situation he can ask the prospective employer to extend the joining time or request the present employer either to waive off the notice period of 60 days he was on leave due to the accident or permit him to buy it out.
From India, Salem
My hr taken resignation letter forcedly otherwise company ready to terminate aligation of misconduct.with out enquiry and proofs What todo
From India, Hyderabad
From India, Hyderabad
It happened at Feb 28th
Till know my Feb month salary is not paid.
Due to shock I depressed taken treatment with asha hospital psychiatric.
Even after explaining to hr and shown document evidence he forcedly taken resignation and forcedly taken laptap
Hr said one month notice period they are providing after submission of resignation hr manager said as my notice period services not required
Till date my Feb month salary not paid
My termination is purely office bad politics
Please advise , I am worrying
From India, Hyderabad
Till know my Feb month salary is not paid.
Due to shock I depressed taken treatment with asha hospital psychiatric.
Even after explaining to hr and shown document evidence he forcedly taken resignation and forcedly taken laptap
Hr said one month notice period they are providing after submission of resignation hr manager said as my notice period services not required
Till date my Feb month salary not paid
My termination is purely office bad politics
Please advise , I am worrying
From India, Hyderabad
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GST ON RECOVERY OF UNSERVICED NOTICE PERIOD.docx