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sanjeev   08 September 2016

Options to getting early relieving with employer

Hi, I have been working as HR with a startup IT software/Staffing company in noida. In appointment letter i have 2 months notice period, else 10% of annual salary but at discretion of management. What are the options to get relieving within 15 days..? Do medical leaves during notice period qualify..if i get a good opportunity and want to leave amicably..
Thanks



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 3 Replies

Kumar Doab (FIN)     08 September 2016

Approach avery able counsel specializing in labor/Service matters.

Your counsel after considered examination of facts,docs on record may opine that notice period of 60days is applicable in your case or not, even if inserted in appointment letter.

 

If you are coverd by variosue nactments then it may not neccessarily apply.

P. Venu (Advocate)     08 September 2016

As the HR person you should be in the know of the norms followed by the company. The question is how far they are in consonance with public policy. Any suggestion is possible only if material facts are known. 

Kumar Doab (FIN)     08 September 2016

The medical leave during notice period should ideally be not denied.

However the employer may cite T&C of Leave POlicy and/or ask medical certificate.................

The private leave policy should provide superior benefits than applicable enactments.

 

It is indeed required to examine the coverage by enactments in your case.


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