Notice period
Anandakumara MB
(Querist) 22 March 2011
This query is : Resolved
In offer letter they mentioned 3 months notice period.
Now employee want to leave the company with in 2 months, shall he use the medical ground to leave company.
Please suggest to leave the company without serving the notice period legally.
Plaese refer the 3 points from the company Exit policy:
1. there is every possibility that the staff member may not be relieved
due to business contingencies unless he/she complete the entire notice period.
2. If an employee is released from service before completion of required notice period,
the employee will be required to pay for the balance notice period.
3. If the resigned employee is suffering from a serious illness which does not allow the
employee to attend to duty, then his / her request for an early release may be considered
Plaese help me
R.Ramachandran
(Expert) 22 March 2011
In this case, if the employee wants to leave the company before three months notice period, then he has to pay the amount for the shortfall in the notice period.
The clause relating to 'serious illness' here refers to really serious illness and not feigned or concocted illness - even if it is backed up by Medical Certificate. In that case, the Company may even go to the extent of seeking second medical opinion.
Guest
(Expert) 22 March 2011
Ramachandran is correct in his advice. Why not leave the company honrably by paying the balance for the period short of notice period?
Anandakumara MB
(Querist) 22 March 2011
When company not relieve by accepting the notice period amount,
What step to take to exit company legally???
Kirti Kar Tripathi
(Expert) 23 March 2011
you simply give notice showing the intention to leave. this way the compliance from your side is over.
M V Gupta
(Expert) 23 March 2011
When once u give the requisite notice of resignation or pay in lieu thereof, the Company is bound to relieve u and issue the relieving certoificate. This is their contractual obligation and they cannot breach it.
Anandakumara MB
(Querist) 24 March 2011
I have submitted the online exit application in company HR web on 18 Feb 2011 for seperation.I have asked them to relieve me on 22 March 2011, with a reason for better prospactous.
I have leaves in the company, can use them to apply up to the final date by saying the healt issue. I planning to send the medical receipt of need of medical treatment along with my leave application up to final date of relieving.
I can ask them to make settlement.
