Notice period in company
Kriti
(Querist) 20 March 2015
This query is : Resolved
Dear Sir ,
I want to put down papers in my Company but my notice period is 2 months . I am not keeping well . Can I Serve 1 month and for the other month can I produce medical certificate so I can avoid working the second month . Kindly reply at the earliest.
Kumar Doab
(Expert) 20 March 2015
Other thread by the querist:
http://www.lawyersclubindia.com/experts/Medical-certificate-513061.asp#.VQvgaBmqqko
To reach some conclusion you may reply pointwise………………… to all points!
It shall help to understand whether notice period of 60 days is applicable in your case or not.
Ideally medical leave is not declined.
Termination during sick leave can be a bad Order.
Probably you are considering some strategy so that you don’t serve notice period and do not tender notice pay in lieu of notice period and rather succeed in getting salary from employer.
Everything shall depend upon rights of employee as well as employer.
Notice Period/pay is part of service conditions that are governed by various enactments applicable to the establishment/employer/employee …………….and these being Act/Statue/Instrument of Law shall prevail upon any private agreement that employer has drafted and signed with employee/rule/policy e.g. appointment letter/Contract of employment/service agreement/HR policy/Service Rules and regulations etc ………………………………and any T&C that is inconsistent with enactments shall not survive.
If you can’t serve notice period for 60 days……………….and can serve for 30 days then you can tender notice pay for 30 days.
Don’t you want to tender notice pay?
How can you forecast that you shall be sick for 30 days?
The doctor should not issue fake certificate and you MUST NOT SUBMIT FAKE CERTIFICATE?
You must keep all diagnostics reports and receipts and prescription duly certified by the doctor with you.
The company may ask you to produce all diagnostic reports and/or get yourself examined by a doctor contracted by it and doctor can ask for Lab tests etc.
1 (i) Have you submitted notice of resignation? How much notice period was tendered by you? Do you have its proof of dispatch and delivery also? Who has signed the appointment letter and to whom you addresses you notice of resignation?
(ii) What is the notice period/pay applicable if company initiates termination:30/60 days and at what rate Gross/basic/CTC?
2. Are you a member of Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc?
If not why? You should become a member and then it shall be easy to defend yourself from exploitation by unscrupulous employers.
What is this establishment: Commercial, Industrial?
What is its line of business: e.g. Banking,IT/ITeS/BPO/KPO etc ..?
3. What was your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?
4. What was your salary: Basic,DA……..etc and total.
5. Was any salary slip, PF number and a/c slip of each year, ESIC card,Form16 issued to you?
6. You are located in which state? Your reporting office is located in which state and Does Company has an office at your location? Regd. Office of the company is located in which state?
How many people are employed in the company?
7. Did you get acknowledgment of notice/resignation, and acceptance?
8. Did you get appointment letter, Salary slip of all months?
9. You should write under proper acknowledgment that NO tasks are pending at your end and routine duties be assigned that can be completed on daily basis ……………………and to whom you should handover the charge within and upto expiry of notice period tendered by you!
You may complete all tasks and handover before proceeding on leave.
10. Is it stated in appointment letter that service conditions shall be governed by say....................HR policy/Service Rules and regulations/Employee handbook....................and do you have copy of these?
Better download everything and later or at any point of time the access may be blocked.
11. Is it stated in any of rules/policies say; Leave Policy/FnF policv that if employee takes leave during notice period the notice period shall be extended by equivalent no. of days.
You may reply pointwise to each point!
ajay sethi
(Expert) 20 March 2015
agree with Kumar Doab
Kumar Doab
(Expert) 21 March 2015
@Author/Kriti,
Your answer pointwise is required to ascertain if the notice period of 60 days is indeed applicable in your case or it is VOID.
You can even visit an able labor Law consultant/Service matters lawyer/Law firm in person and get it ascertained.
The Acts applicable in your state may not discriminate between 'Workman' and 'Non Workman' and you may have a perfect and suitable resolution for matter at your hands.
