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Law Aspire (Legal)     01 December 2017

Resignation from service due to iillness

A Person  who is an Employee in an MNC in India having 3 Months Notice  fell severly Ill during probation period and didn’t recover for 2 months and give immediate resignation on that basis, In that case will he be required to make payment of Notice pay period?



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 6 Replies

kameswarao S (Head HR)     01 December 2017

I opine that there won't be any  specifical mention in the appointment letter about the waving off the notice period for an employee who fell ill.  Here there are two specific aspects - one is the employee is under probation - in general there is no notice period for the employees on probation and the other one is that the employee is severely ill and can not continue to work.

If the employee is really submitted his resignation due to illness then irrespective of the mention in the appointment the management to releive him immediately.

 

 

 

Law Aspire (Legal)     01 December 2017

In Probation, they are mentioning three months notice period

employeee fell ill during probation period only

N.K.Assumi (Advocate)     01 December 2017

If the resignation has not been accepted by the employer, better discuss the matter with the appropriate authority with medical records and highlight the reasons for putting in resignation letter if no intention to resign. No employer has the right to insist that no employee should not fell ill either permanent or on probation, and this is Universal rule.


(Guest)

Terms of appointment is required to be checked for appropriate opinion.

 

Kumar Doab (FIN)     01 December 2017

Notice period of 2 months may not neccessarily be applicable.

More so Notice period of 2 months for 3 month's length of srvice may not neccessarily be applicable.

Notice period during probation period may not be applicable.

Kumar Doab (FIN)     01 December 2017

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 


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