I am working in a BPO. I got a back problem the very next day after playing tug of war organized by management in the office. Due to the back problem, I was given loss of pay leave for 22 days. However, I have still not recovered from the back problem and have submitted the necessary doctor's certificate to the management. But now, management is asking me to resign instead of providing 10 more days to recover from the illness. They are saying if I don't resign, it will lead to termination. Please help as it is very urgent. What should I do?
From India, Hyderabad
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From India, Hyderabad
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At the first place, no company can terminate on such grounds. Termination itself invites a lot of actions from the company's end to prove the termination and also because it can invite legal proceedings. You can speak with your HR and/or TL about the same and try to convince management. Do not worry. But if you really feel that the place is not worth continuing or you might need some more days for recovery, it is difficult for a company to keep waiting, and in such a case, ideally, you should resign yourself on moral grounds.
From India, Ahmedabad
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207From India, Ahmedabad
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If the company still fails to accept your request and demand your resignation, strictly warn them that they shall have to face legal actions and also provide compensation for both salary loss, medical expenses, and damages. Warn them with no doubts in your mind. That is a lame reason to terminate any employee. This is the day when companies even accept work from home in these kinds of cases. If you have a job necessity, do not give up. Be polite and firm when you warn them; do not be rude in speech and expressions.
From India, Bangalore
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From India, Bangalore
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Dear Tabzy05,
May I please know what your job profile is in the BPO you are working with? If you are not in a managerial, administrative, or supervisory role, then you may fall under the definition of a 'Workman' as per the Industrial Disputes Act, 1947.
In the given scenario, your employer cannot terminate you or force you to resign based on medical grounds. Instead, your employer should show empathy towards your medical condition; asking you to resign is inhumane. This action may have been initiated by a junior HR Manager lacking 'Man Management' experience, possibly having worked with unprofessionals in previous companies. This individual fails to comprehend the pain and suffering of fellow colleagues and, truthfully, is not suited for the HR Department.
I suggest you speak with the most senior person in your HR Department and inform them of the situation along with providing all your medical reports. The senior HR personnel should be mature enough to understand your pain, suffering, and mental anguish. If this approach proves ineffective, your only option may be to seek alternative employment. You can send your attending Doctor's Report (including the estimated recovery timeline) via registered post with acknowledgement. Simultaneously, send scanned copies of the documents to your relevant superiors via email. It is likely your Management will not terminate your employment. If you encounter difficulties when resuming your duties, seek assistance from a competent labor law advocate and consider filing a case against them.
I still recommend actively seeking alternative employment.
Regards,
Rakesh Pd Srivastav
From India, Gurgaon
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May I please know what your job profile is in the BPO you are working with? If you are not in a managerial, administrative, or supervisory role, then you may fall under the definition of a 'Workman' as per the Industrial Disputes Act, 1947.
In the given scenario, your employer cannot terminate you or force you to resign based on medical grounds. Instead, your employer should show empathy towards your medical condition; asking you to resign is inhumane. This action may have been initiated by a junior HR Manager lacking 'Man Management' experience, possibly having worked with unprofessionals in previous companies. This individual fails to comprehend the pain and suffering of fellow colleagues and, truthfully, is not suited for the HR Department.
I suggest you speak with the most senior person in your HR Department and inform them of the situation along with providing all your medical reports. The senior HR personnel should be mature enough to understand your pain, suffering, and mental anguish. If this approach proves ineffective, your only option may be to seek alternative employment. You can send your attending Doctor's Report (including the estimated recovery timeline) via registered post with acknowledgement. Simultaneously, send scanned copies of the documents to your relevant superiors via email. It is likely your Management will not terminate your employment. If you encounter difficulties when resuming your duties, seek assistance from a competent labor law advocate and consider filing a case against them.
I still recommend actively seeking alternative employment.
Regards,
Rakesh Pd Srivastav
From India, Gurgaon
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Taxability of leave encashment on resignation.doc
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