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devdattagharpure   10 March 2015

Notice period

Hi I have been working with IT MNC Zensar for last 4 years I resigned form the company in 31st December 2014.  No My agreement the notice period is of 3 months Accordinlgly In resignation letter has mentioned/requested  31st March 2015 as my Last Day

Following questions

I was on sick leave for the 4-5 days in the notice period those have been submitted by me as sick leaves and have been approved by the Manager. Now My company is asking me to extened the notice for those 4-5 days of sick leave Can they ask me to do so? - My service agrrement says nothing about this it says employees may not be allwed to go on vacation in notice period. I says about vacation nothing about sick leave.

They have not responded back to my resignation letter.

 

Can some one help me with this.

 

Regards

Dev



Learning

 4 Replies

Kumar Doab (FIN)     10 March 2015

Sick leave is not vacation.

Has the company asked to extend notice period by 4-5 days in writing?  Or have you minuted the discussion in writing.................if not hold on for some time?

 

Do you have copies of notice of resignation and proof of delivery or acknowledgment, sick leave approved by sanctioning authority (your manager)?

You are in which state?

Your reporting office is in which state?

Redg. office of the company is in which state?

How many persons are employed in it?

 

What is your designation and nature of duties?

 

You may reply pointwise to each point!

devdattagharpure   11 March 2015

They have not given anything in writing They have not acknowledged resignation email I have copy of resignation email to personal mail I'd Company is in Pune Maharashtra and has registered office there itself It employees abt 5000 people. Can they extend my notice period? Is it binding on them to give relieving letter where I have completed notice period ? I have to join new job on 2nd April am bit worried?

Kumar Doab (FIN)     11 March 2015

Try to get extension in writing from next employer.

Atleast submit in writing (under proper acknowledgment to person that has signed the offer letter)  to them and let them deny in writing. 

The establishment  shall be governed by Bombay Shops and Commercial Establishments Act.

Your lawyer may opine that your service conditions: including notice period and sick leave shall be governed by this Act....................and standing Orders shall be applicable:::::;;

You may yourself go thru Sec;38-B,66 and chapter on leave...................the language suggests that employee is entitled to leave..................implying it can't be denied.

You may also go thru Sec:9,13 of Model Standing orders..........

 

Your lawyer may also opine that max. notice period applicable to you is 30 days ONLY.

T. Kalaiselvan, Advocate (Advocate)     12 March 2015

You have been suitably advised by expert Mr. Kumar Doab to how to handle under the situation. You may take the help of a local lawyer on further issues.


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