Notice period
5 months ago
I resigned from my employer on Nov2nd 2023 and there is a notice period of 3 months and due to client escalation they are asking me to work from ahmedabad and right now I am staying in banaglore and also I have informed them I am having medical issue and also I have submitted all the medical proff stating that I am not in a condition to travel to ahmedabad and the company told me that I will not receive the salary for the current month until I go and work in ahmedabad and I have informed them I am ready to work from office but still they have sent me warning letter stating that I have done misconduct , Non compliance
A.Dear client,
The following of the notice period is a mandatory one.
As you are medically unfit, your company cannot force you to do work in such health condition.
You first start by mailing them, try to settle the matter amicably. If not responding send a legal notice.
You can also file a case against the employer.
The following of the notice period is a mandatory one.
As you are medically unfit, your company cannot force you to do work in such health condition.
You first start by mailing them, try to settle the matter amicably. If not responding send a legal notice.
You can also file a case against the employer.
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A.Dear Client,
In a particular situation request a meeting with your HR department or higher management to discuss the situation. Clearly communicate your medical condition and your efforts to work from the office. Check your employment contract and company policies to understand the terms related to notice periods, relocation, and any consequences for non-compliance. This will help you be aware of your rights. Ensure that you have provided comprehensive medical documentation supporting your inability to travel to Ahmedabad. This will strengthen your case. If the issue persists, consult with a labor or employment lawyer to understand your legal rights and options. They can provide guidance based on employment laws in your Jurisdiction. Explore if your company has an internal appeal or grievance process. Follow the procedures outlined by your company for dispute resolution.
In a particular situation request a meeting with your HR department or higher management to discuss the situation. Clearly communicate your medical condition and your efforts to work from the office. Check your employment contract and company policies to understand the terms related to notice periods, relocation, and any consequences for non-compliance. This will help you be aware of your rights. Ensure that you have provided comprehensive medical documentation supporting your inability to travel to Ahmedabad. This will strengthen your case. If the issue persists, consult with a labor or employment lawyer to understand your legal rights and options. They can provide guidance based on employment laws in your Jurisdiction. Explore if your company has an internal appeal or grievance process. Follow the procedures outlined by your company for dispute resolution.
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A.Dear Client,
Until and unless a relieving letter is issued by the company to an employee post-resignation and on the expiry of the notice period, the employee is governed by the contract of employment. Wilful disobedience or insubordination of lawful and reasonable order of the superior is denoted as misconduct on the part of an employee and that makes him liable to face disciplinary action and punishment as per the Company's service/HR policy. An employee has the right to resign from the employment even if he has agreed to the employment bond to serve the employer for a specific period of time. As per the mandate of Section 27 of the Indian Contract Act,1872, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Act makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Otherwise, you need to file a civil suit seeking appropriate relief in the matter.
Until and unless a relieving letter is issued by the company to an employee post-resignation and on the expiry of the notice period, the employee is governed by the contract of employment. Wilful disobedience or insubordination of lawful and reasonable order of the superior is denoted as misconduct on the part of an employee and that makes him liable to face disciplinary action and punishment as per the Company's service/HR policy. An employee has the right to resign from the employment even if he has agreed to the employment bond to serve the employer for a specific period of time. As per the mandate of Section 27 of the Indian Contract Act,1872, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Act makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Otherwise, you need to file a civil suit seeking appropriate relief in the matter.
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