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UI am in dire need of some advice regarding my current employment situation. I am working in this Indian company since 2.5 years, and I recently resigned on February 14, 2025. My company earlier had a 30 days notice his period until January 26, 2025 however, a new company took cover and they made us sign a new addendum which has a 90-day notice period, and they are asking me to serve 30-45 days and buy out the remaining 45 days from my own pocket. However, due to health issues and financial constraints, this is extremely difficult for me.
I have been diagnosed with pneumonia on February 24, 2025, and have a history of allergic asthma for the past two years. Despite this, I have never let my health impact my performance, have worked beyond my shift hours, and have even received recognitions and rewards for my contributions. My daily 4-hour commute has worsened my condition, and my doctor has advised against prolonged travel. My manager and HOD are well aware of my situation, yet they say they tried but the HR’s are refusing to make any adjustments to my notice period.
To make matters worse, my company changed the bonus policy retroactively this year. Until now, our annual bonus was credited in March and applied from that month. However, this year, they suddenly changed it to be effective from January 1, 2025.
Since I resigned on February 14, I have lost my bonus of 2024 for being just six working days short and bonus was released in February salary -despite the fact that I was not on notice period for the majority of the financial year.
Additionally, I am the sole earner in my family, and my mother underwent surgery in September 2024, which my company was aware of since our insurer, Ericson, processed the claim. This financial burden makes the buyout option unfeasible for me.I have already handed over all my responsibilities and assured them that I will not be joining any company immediately due to my health issues. I have requested a 30-day notice period without a buyout, but my employer remains adamant.
My Questions: 1. Can my company legally force me to buy out the remaining 45 days of my notice period, despite my medical condition? 2. Do I have any grounds to claim at least a partial bonus, given that I was not on notice period for most of the financial year? 3. Is there any legal recourse I can take to challenge their stance on both the notice period and the bonus? 4. Has anyone faced a similar situation, and what was the outcome?
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UNAL what type of bonus is this? If it is stipulated in the employee’s employment contract and forms part of the employee’s terms and conditions of employment, then it is a guaranteed bonus and you have a right to it. You can file a complaint at your states labour commissioner. I am not sure about your query about notice period. Your company cannot compel you to come to work, however if you dont complete your notice period they will black list you and not give you any recommendations. Background checks might also be an issue. Do what you with that information
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