3 Months Notice Plus Garden Leave: Is It Legal? I'm Stressed!

Ans: I’m sorry to hear about your situation. When facing termination due to not serving the full notice period, it’s important to understand your rights and the potential legal implications. Here’s what you can consider doing:

Review Your Employment Contract: Check the terms regarding the notice period and termination. There might be provisions for situations like medical emergencies.
Legal Consultation: It may be beneficial to consult with a labor law attorney who can provide advice based on the specifics of your case and the applicable laws.
Documentation: Gather all relevant documentation, including the medical prescriptions you submitted, any communication from HR, and the termination letter.
Negotiation: You could attempt to negotiate with your employer, explaining the situation with your parents and seeking a compassionate resolution.
Labor Office: If negotiation fails, you may approach the local labor office or labor court for guidance and to explore options for redressal.
Understand Legal Precedents: Familiarize yourself with any legal precedents that may apply to your case. For instance, the Supreme Court has provided judgments on employment notice periods that might offer insights into your rights and obligations.
Remember, each situation is unique, and the best course of action depends on the specifics of your employment contract and the company’s policies. It’s crucial to handle the matter professionally and legally to ensure the best possible outcome. Good luck!

Ans: Navigating the notice period can be challenging, especially when there’s a new opportunity waiting for you. Under Indian employment laws, here are some options you might consider:

Negotiation: You can try to negotiate with your current employer for an early release. This could involve offering to train a replacement or demonstrating how your early departure won’t negatively impact the team.
Buyout Option: Some companies allow employees to buy out their notice period by paying a sum equivalent to the salary for the remaining notice period.
Mutual Consent: If both parties agree, the notice period can be waived or reduced. It’s worth having a discussion with your employer to see if this is a possibility.
Legal Advice: If negotiations fail, you may want to seek legal advice to understand if there are any specific clauses in your employment contract or company policies that could be leveraged in your favor.
Review Employment Contract: Check your employment contract for any clauses that might allow for a shorter notice period under certain circumstances.
Remember, the approach you take should be in line with the terms of your employment contract and the applicable laws. It’s important to handle the situation professionally to maintain a positive relationship with your current employer while transitioning to the new opportunity. Good luck!

Ans: Hello

When you joined the company I am sure this was dully mentioned in the letter and you also signed that.

Now you can cannot question something that you have already signed.

If you are yet to sign then it's upto you whether you want to join or not.

All the best

Ans: Dear G

I can appreciate your situation, while you may have all the proof, however I would suggest avoid legal battle. Imagine even if you win the case will company people support you when you work with them.

Better part ways in good terms and seek alternative job.

All.the best.

Ans: Dear Sir/ Madam,

It totally depends on the policy of the company. Please go back and check the policy. Speak to HR and understand how does it work and how can they help close this positively. When it comes to polices not much one can do. If they want to go a certain there is no or very possibility of you convincing them. Instead request them to help you to come to a win win situation.
Tip do not burn the bridges with anyone in the existing company.

Hope this helps

Thanks
Ashwini
www.ashwinidasgupta.com