Hello Sir\Mam, I joined a project recently in 1 of the top IT firms where I was working since last 3.5 years and due to my personal concerns I resigned within 2 days of joining the project.As per company policy, I was asked to serve 3 months Notice Period which I was doing well but unfortunately I started having medical problem which I have constantly highlighted to my Team Lead.I was advised by the doctor to avoid travelling ,since the distance between my home to office is more than 25kms and the road is under construction I cannot take the risk of travelling so much and get a permanent damage to my neck bone.I requested my Manager to allow me to work from Home or I am ready to buy Out the notice period since project doesn't have any dependency on me. But I am asked to apply leave and constant threat is given to me that my Notice Period will get extended beyond the current separation date. Please suggest what should I do ? As usual, the HR team is least bothered :( I am feeling so helpless that my medical condition is not being taken care of in 1 of the most renowned organisation of the country.Can I take a legal action against the company??I cannot go absconding since I want my experience letter from the company. I want to have an understanding if an employee falls sick during serving the NP, can she raise her voice for justice?? [P.S. I am a married lady so shifting home wont be possible for me]
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1) if you take sick leave during notice period your notice period would get extended by number of days you were absent on medical grounds
2) if you can't travel shift with your husband near your office abd serve notice period
3) avoid taking legal proceedings against company
4) litigation is long drawn and expensive proposition
Mam, you can send them a legal notice , stating your health conditions and asking for resignation..no contract or policy can restrain any body to work beyond her medical and physical capacity .. Kindly contact to proceed further ( visit my profile for contact details).. Advocate Hemant Chaudhary ( district and sessions court,Gurgaon )
1. If there is a clause in the appointment letter then you should pay salary in lieu of notice period.
2. Issue a lawyer's notice to the employer along with a cheque covering the notice period and seek release of your full and final dues, if any. If thereafter the company treats you as an absconder then appropriate legal proceedings can be taken out against it.
Hello,
All the leaves during the notice period will increase the duration of notice period by that much days of leave. Though it is not advised to initiate legal proceedings against the company it being a time taking and expensive procedure, you can talk to the company and give the payment in lieu of your notice period and ask the company to relieve you. If still they do not agree then you can send them a legal notice and initiate the legal proceeding. You can write all this over e-mail to the employer.
Regards
Buying out the notice period is legal. They cannot deny your proposal of buying out the (remaining) notice period. Send them a legal notice reiterating your proposal and in case, they do not abide by it., just leave the co. Later, you can send them another legal notice for FNF, Exp. Letter etc. Your's is a good case and the first legal notice should serve the purpose. Also, please share the termination clause of your employment letter here so that your question be further answered with more particularity.
You must refer to the conditions of employment offer letter with regard to resignation clause.
If there is a clause that you can buy the notice period, you may send your resignation letter by registered post citing medical reasons for this decision and can even attach the copies of the medical reports if necessary.
You can indicate that you are ready and willing to pay for the balance of notice period invoking the clause mentioned in the employment kletter and can ask them to relieve you accordingly.
Maintain all the correspondences by post also simultaneously besides corresponding with the management through emails.
Secure the evidences of all correspondences to tackle any legal event subsequently.
