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Pusharya123 (officer)     24 August 2013

Notice period

If a person gives resignation and unable to fulfill the notice period requirements due to personal medical reasons,

whether employer can file legal case and what are the extents of the case?

Also,if wants to travel abroad,is there any problem while case is going on?

Please advice



Learning

 2 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     25 August 2013

Notice period was not served due to Medical reasons and resignation is submitted. Notice period is not served in lieu of that  salary will be paid. Civil case pending you can go to abroad, only at the time of your evidence you have present.

Kumar Doab (FIN)     26 August 2013

Resignation can be without permission or notice.

If notice pay in lieu of notice period is stated in standing orders, appointment letter go thru the language and statements carefully.

If notice pay in lieu of notice period is stated in standing orders, appointment letter the employee can tender notice pay in lieu of notice period.

However the notice of resignation should be carefully structured and drafted and all eventualities are covered.

If the resigned employee has not properly handed over the charge/tasks/assignments/company property due to which the Employer can suffer financial or any other loss and if the resigned employee is not willing to indemnify the employer, the employer may press the resigned Employee to Serve Notice Period.

 

Has your employer issued any such communication?

 

Has the employer supplied any communication to extend the notice period by number of days equal to period of leave without stating any other reason/by stating a reason that he wants employee on board……………………????

 

Have you signed any service agreement?

 

The employee can affirm that notice pay towards shortfall in notice period may be adjusted in FNF statement or employee may tender payment by cheque demand acknowledgment and ask to show the payment of notice pay by cheque in FNF statement and reduce the FNF amounts…………………

 

It shall be appropriate to approach a competent and experienced labor consultant/service lawyer with copies of all documents available with you, give inputs in person, and submit proper reply to the company and proceed under expert advice.


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