Employment notice not served not ready for buy out
Querist :
Anonymous
(Querist) 20 December 2019
This query is : Resolved
HI
I worked in a organization for 5 years from 2013 to 2018.i informed resignation on sep 2018,they asked me to complete the semester till december and then resign as it is a education institute,i agreed and worked.
but on oct 26 2018 i resigned with a notice period of one month due to my spouse health issues,i worked till 2 Nov 2018,From 3 nov to 12 nov 2018 the institute was closed due to diwali vacation.i could not go from 13 to 26 nov 2018 as my husband was hoplizated.
Now they are not giving my relieving letter,gratuity and asking me to pay one month salary
i am not interested in paying on medical bases that too for 10 days
what can i do legally pls help
SHIRISH PAWAR, 7738990900
(Expert) 20 December 2019
Dear madam,
You have to complete the notice period of 30 days. Discuss and amicably solve the issue.
Regards,
Raj Kumar Makkad
(Expert) 20 December 2019
Legally you are bound to complete notice period but in the given facts, now the only solution is to do some compromise for 15 days balance period.
Sankaranarayanan
(Expert) 21 December 2019
Seems your reason is genuine hence you approach the management and explain the reason and settle the matter with amicable discussion
Dr J C Vashista
(Expert) 22 December 2019
Since you have already stopped attending your duty, your resignation is implied. The institute has to find substitute and presumed relieved.
Apply for full and final settlement of your dues.
T. Kalaiselvan, Advocate
(Expert) 28 December 2019
If you have not served the notice period as is required by law or mandated in the employment offer letter then you may be required to pay the notice period as compensation in lieu.
The organisation can initiate legal action for recovery of the amount from your terminal dues also.
You can agitate over this but there wont be any fruitful decision in your favor by objecting to this action of the organisation.
Instead you may exit the organisation peacefully by accepting the terms especially when you are at fault.
