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Notice period without having any appointment letter
Question
I am working in a private factory since Dec 2023.Despite several request factory not issued me any offer,appointment and joining letter. I have no formal contract with employer. I resigned on 1 sep and serving notice period till 30 Sept.
Unfortunately, during notice period I have fallen ill due to infection and doctor advised bed rest during treatment and also issued medical certificate for the same. But HR refused to grant me any leave even for medical reasons and also made a threat that in india medical certificate issued by BAMS degree doctor is invalid.Now question arises:-
1. Whether employer did justification for me by denying granting of leave for medical reasons?2. Whether medical certificate issued by BAMS DEGREE DOCTOR is invalid in eye of law as guided by my HR?3. Whether it is compulsory for me to complete 30 days of notice period inspite not having any employment contract?4. What documents do I need to collect from employer or it is feasible to have reliving letter in absence of another appointment documents?
Answer ( 1 )
If you had not signed any contract, service notice period without any oral or written contract is not necessary. Further, there is no rule that the certificate issued by a BAMS doctor is not valid. however as per contract law, no leaves are permitted during the notice period and medical emergency is different criteria. if the same has been informed prior in time, the HR cannot deny the same. you may serve some days extra for the days when the medical leave was sought.
Raise an industrial dispute if you can prove your employment with this employer without any documentation. hope your salary was credited in your account. that should help.