Palak Lotiya (Legal Content Writer/ Editor Resource Person) 28 December 2009

Notice pay where resignation is on account of illness

Hi All,

I would like to know the effects on notice pay where an employee resigns immediately without serving notice period on account of illness.

Is this lawful?

Will he have to reimburse notice pay to the company?

Please provide if there are any relevant case laws.

Thanks

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4 Replies

bramadesham raghavan mohan (General manager- HR & IR) 30 December 2009

Srictly speaking as per contract of employment.Yes, notice period/pay is a must. However, depending upon the merit of the case company can waiveoff of this, viewing as a speical case. This should reflect in the releving letter. Also make the emplyee to write such request in his resignation letter.

BR. Mohan

Bangalore

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 31 December 2009

We are here to reply quarries as per law.

In case any employee wants to be relinquish his job prior to notice period then he must have to deposit the pay equavalent to balance notice period.

bramadesham raghavan mohan (General manager- HR & IR) 31 December 2009

Mr.Raj kumar

We are also here to reply practical solution to an issue and we should not forget that we dealing with human beings.

BR MOHAN

V. VASUDEVAN (LEGAL COUNSEL) 31 December 2009

Considering this case in the legal and also HR perspective, if an employee is genuinely unable to attend office due to illness, he should request for the medical leave supported by the medical certificate and while giving the notice of resignation requests for considering the leave period as a part of the notice period. The management in such cases as a fair practice should consider treating the leave period as a part of the notice period.

vasudevan