Notice period waive off
Deepti
(Querist) 18 November 2015
This query is : Resolved
Need help, I work for an It company. I was on 3 months paid maternity leave, as my baby was pre mature I had to extend my leave.I have asked the company to extend the leave for 5 months( without pay) but it was extended for 2 months. After 2 months I have requested the company to extend it further, but I am told that it is not possible to extend. As there was no one to look after my baby and I don't want to keep a 4 month old baby in cherche I choose to resign. I have been told that I have to either serve the 3 months notice period or had to pay 3 months gross salary which comes to 1.5 lacs. I can't afford to pay such a huge amount. I don't have any dependency, nor I have been allocated to any project can't the company waive off the notice period and relieve me immediately. Please help me on this Asap.
Kumar Doab
(Expert) 18 November 2015
The notice period may not be necessarily 90 days e(end if it is inserted in appointment letter and may not be more than 30 days in your case.
You may not resign while on leave and join and submit notice/resignation.
The maternity benefit for period before delivery should have paid in advance and after delivery with bonus in joining.
The company has to compute war ed wages,leave encashment,bonus,OT,etc in Fnf statement.
In case of difficulty consult your able labour law consultant
Rajendra K Goyal
(Expert) 19 November 2015
Company would never agree to waive the notice period till ordered by legal authority.
Refer your service rules / appointment letter and proceed.
Deepti
(Querist) 19 November 2015
Waive off has been done before in some cases, one of my friend resigned and was serving the notice period after a month one fine day she has been relieved before the notice period.
K.S.Srinivas
(Expert) 20 November 2015
If the company agrees in your case also for the waival of three months notice period, proceed accordingly.
Kumar Doab
(Expert) 20 November 2015
Employer can waive off notice period by its sweet will.
It is reiterated that 'The notice period may not be necessarily 90 days e(end if it is inserted in appointment letter and may not be more than 30 days in your case.'
In case of difficulty consult your able labour law consultant.
Deepti
(Querist) 23 November 2015
Mr kumar, my appointment letter says notice period is 90 days, do u mean in my case it can be still 30 days
