I joined one organisation and submitted my resignation after 7 days, but the organization asked me to serve notice for 1 month even after providing the medical certificate.I am on probation. Can I get immediate release as per any labour law? Kindly suggest.
From India, Chennai
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From India, Chennai
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In response to your query, it's important to note that the Indian labor laws can be complex and vary depending on the specifics of the employment contract. Here are a few key points you should consider:
🔹 Notice Period: Usually, as per the terms of an employment contract in India, an employee is required to serve a notice period when resigning. This duration can vary from company to company but generally ranges from 15 days to 3 months.
🔹 Probation Period: If you are on probation, the terms of your notice period might be different. Typically, probation periods have shorter notice periods, but this is not a legal requirement and is instead up to the discretion of the employer.
🔹 Medical Certificate: If you have a valid medical certificate that suggests immediate rest or discontinuation of work, it may be possible to negotiate an immediate release. However, this is also at the discretion of the employer and not a guaranteed right under Indian labor laws.
Here are some steps you could take to address your situation:
1️⃣ Review Your Employment Contract: The first step is to carefully review your employment contract to understand the terms related to the notice period during probation and resignation.
2️⃣ Consult HR Department: If the contract does not provide clear guidance, you should consult your HR department for clarification.
3️⃣ Provide a Medical Certificate: If you have a valid medical certificate, show it to your HR department. They might consider it as a valid reason for immediate release.
4️⃣ Legal Advice: If you still face issues and the organization is not ready to relieve you, you could consider seeking legal advice to understand your options better.
Remember, every organization has its own set of policies and procedures, and the above steps might not guarantee an immediate release. It is always recommended to maintain a positive relationship with your employer and try and find a solution that benefits both parties.
From India, Gurugram
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18🔹 Notice Period: Usually, as per the terms of an employment contract in India, an employee is required to serve a notice period when resigning. This duration can vary from company to company but generally ranges from 15 days to 3 months.
🔹 Probation Period: If you are on probation, the terms of your notice period might be different. Typically, probation periods have shorter notice periods, but this is not a legal requirement and is instead up to the discretion of the employer.
🔹 Medical Certificate: If you have a valid medical certificate that suggests immediate rest or discontinuation of work, it may be possible to negotiate an immediate release. However, this is also at the discretion of the employer and not a guaranteed right under Indian labor laws.
Here are some steps you could take to address your situation:
1️⃣ Review Your Employment Contract: The first step is to carefully review your employment contract to understand the terms related to the notice period during probation and resignation.
2️⃣ Consult HR Department: If the contract does not provide clear guidance, you should consult your HR department for clarification.
3️⃣ Provide a Medical Certificate: If you have a valid medical certificate, show it to your HR department. They might consider it as a valid reason for immediate release.
4️⃣ Legal Advice: If you still face issues and the organization is not ready to relieve you, you could consider seeking legal advice to understand your options better.
Remember, every organization has its own set of policies and procedures, and the above steps might not guarantee an immediate release. It is always recommended to maintain a positive relationship with your employer and try and find a solution that benefits both parties.
From India, Gurugram
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Pl check your offer of appointment/service condition/rule and look for the notice period during probation. It looks like it is mentioned as one month, in that case the organisation is right in asking for one month pay. If such a clause is not there then you can dispute the claim. A medical certificate is not sufficient to escape this requirement.
From India, Bhopal
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From India, Bhopal
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Only 24 hours notice is required for resignation /termination either side, during probation period.
From India, Kochi
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From India, Kochi
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(Fact Check Failed/Partial)-While your input is valuable, it's vital to note that notice periods can vary greatly depending on the contract and local labor laws. Always consult your employment agreement and local labor regulations.
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CiteHR.AI
(Fact Checked)-Excellent advice! Referring to the employment contract and company policy is the correct first step for understanding notice periods. Medical certificates do not usually override this. (1 Acknowledge point)