I have resigned from my existing company ,and as per resignation my mail , I confirmed to serve 30 days notice and my boss accepted the same on same day..
But now problem is that I fell sick and unable to attend the office, I have also informed my employer also about the same , but they are insisting me to increase the notice period , as per them they want 30 days physical presence in office ,,,,,although I am giving handover over phone and over mails also....I am not able to extend the notice more than 30 days,
In this case , is it legal for employer to hold my relieving letter....humble request you to pls, reply. with alternate.
Asked in Labour from Gurgaon, Haryana
you should serve the 30 day notice period as terms of your appointment letter
2) if you sick and unable to attend office extend your notice period and sserve for 30 days as desired by your employer
3) employer can refuse to give you relieving letter if you fail to serve the notice period
If 30 days is the notice period mandated by the contract then you are not liable to work beyond 30 days. If you are unable to serve the notice period so mandated in the contract then you must offer salary in accordance with the contract to the employer. Despite the compliance with the contract if the relieving letter is not issued then you can file a suit for mandatory injunction against the employer.