Notice period buyout formula Notice period buyout formula

10 months ago

I have resigned due to severe medical complications, as I cannot serve notice period due to medical reason I have asked to relieve immediately. They have informed to pay notice period buyout amount

1. In offer letter, they have not mentioned "in lieu of notice"
2. They have mentioned, if you are medically unfit you agree to walk out without any compensation

Am I responsible to pay notice period buyout?

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,

When it is mentioned in your offer letter that if you are medically unfit, you agree to walk out without any compensation and when you tendered your resignation on medical grounds, you need not to agree for notice period buyout as demanded by your employer. You should submit the medical records and certificate to your employer and request for a waiver of notice period/pay. A policy is formulated in the larger interest and beneficial to both employer and the employee has the sanction of law otherwise it will be easily termed as arbitrary and unjustified. If you face any unwanted consequences, you may represent the grievance against the arbitrary and unjustified action of your es-employer before the concerned Labour Commissioner for redressal.
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Anik

Responded 10 months ago

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A.Dear client,

Company policy varies with respect to notice period buyout for people with medical issues.Clarify what your company by laws and your employment contract clauses have to say about the notice period buyout, and that will clear your doubt
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