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Anand (AM)     04 January 2011

Notice period

Hi,

We have decided that my wife should quit her job for the reason that we have a 3 months old daughter who should be looked after. My wife has informed (through mail) her reporting managers during the last week of her ML that she will not be able to resume (resignation) office due to this reason. Now, her manager & VP of the company are asking her to serve 3 months notice period (as per HR policy). My wife doesn't have any issues with the company & that company was very considerate with my wife during her stint (a big thanks to that company). But now, we are in a situation that we can't entrust our daughter to somebody & rejoin office keeping in mind that the kid is just 3 months old & that mother is the only best care taker of her kid. Further, it seems like discussing this with her reporting managers or HR will not solve the issue, company is in a non-negotiable mood. Therefore, we were persuaded to take legal suggestion on the same.

Being such a great company it is still being unprofessional to their employees. The very basic reason to quit the job is to take care of our daughter then how can my wife serve notice period of 3 months??? Sounds rustic about the company.

 

 

With regards,

NN



Learning

 4 Replies

Manish Singh (Advocate)     04 January 2011

I am not known about the agreement between your wife and the company but don't worry, you do not need to serve any notice period. If they move the court, which definitely they would not do, I suppose this three months notice period shall be termed unlawful but the outcome depends upon several other facts and circumstances. 

V. VASUDEVAN (LEGAL COUNSEL)     04 January 2011

Escalate the matter to the Managing Director/CEO/Board of the Company and they would sure waive the Notice Period. The Management has the discretion ( on just and fair grounds) and the grounds of plea in you case is a perfect justification for waiver of notice. vasudevan

Ahmed Daud Girach (Advocate)     05 January 2011

Notice period can be waived if appointing authority approves.Request for waivar and give alternative suggestion that to recover amount from your retiral benefit or leave encashment and gratuity(assuming that worked for more than 5 years)See Comanys attitude is good and professional.You can not expect everything free.When you both are or were earning it is not impossible for you to manage such money.It will be not fair on the part of you to move court as in future after your child is grownup and goto school you may again wish a job at that time your reputation with present company will be considered an asset.

darshana sawant (associate consultant)     06 January 2011

Dear sir

 

we have to go through the appointment letter which is a mutual contract determining the rights of the company and its employees.  if your wife has agreed to serve 3 months notice period or payment in lieu of 3 months then she will have to honour it.  she can also request the company to waive some period say 50% which shall be their entire discretion.  till then her other dues may not be cleared 


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