Hi,
I am working in the IT industry. As per my employment agreement, my notice period is 90 days. However, I have given notice for 30 days due to a medical reason and have a medical certificate and all the prescriptions. My employer is not accepting my resignation. I have also offered to buy out my resignation period, but my employer is also not accepting this. They are pushing me to either complete my notice period or go on sabbatical for 1 year. I have clearly informed them that due to medical reasons, I am unable to continue, and I do not want to go on sabbatical as I am unsure how much time I will need for recovery. However, my employer is not listening.
I would like to know what my legal rights are. Can an employer deny acceptance of a resignation even if it is due to a medical reason? Additionally, what legal action can the employer take if I do not serve the complete notice period?
Is it right for me to leave the laptop in the office and walk away like this?
Can I pursue legal action against my employer for mentally harassing me by not accepting the resignation?
Regards,
Rahul
From India, Delhi
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I am working in the IT industry. As per my employment agreement, my notice period is 90 days. However, I have given notice for 30 days due to a medical reason and have a medical certificate and all the prescriptions. My employer is not accepting my resignation. I have also offered to buy out my resignation period, but my employer is also not accepting this. They are pushing me to either complete my notice period or go on sabbatical for 1 year. I have clearly informed them that due to medical reasons, I am unable to continue, and I do not want to go on sabbatical as I am unsure how much time I will need for recovery. However, my employer is not listening.
I would like to know what my legal rights are. Can an employer deny acceptance of a resignation even if it is due to a medical reason? Additionally, what legal action can the employer take if I do not serve the complete notice period?
Is it right for me to leave the laptop in the office and walk away like this?
Can I pursue legal action against my employer for mentally harassing me by not accepting the resignation?
Regards,
Rahul
From India, Delhi
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Dear Rahul,
Most employers include a clause of separation in the appointment letter itself. In most appointment letters, it is stated that the employer reserves the right to accept the payout in lieu of the unfulfilled notice period. Therefore, you may check the provisions of the appointment letter.
By the way, what exactly is the diagnosis? Your employer could be a little suspicious about the disease and could be suspecting that medical reasons are nothing but a ploy to tide over the condition of serving the notice period. Hence their refusal or coming up with an alternative for sabbatical.
Thanks,
Dinesh Divekar
From India, Bangalore
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8219Most employers include a clause of separation in the appointment letter itself. In most appointment letters, it is stated that the employer reserves the right to accept the payout in lieu of the unfulfilled notice period. Therefore, you may check the provisions of the appointment letter.
By the way, what exactly is the diagnosis? Your employer could be a little suspicious about the disease and could be suspecting that medical reasons are nothing but a ploy to tide over the condition of serving the notice period. Hence their refusal or coming up with an alternative for sabbatical.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Dinesh,
I am using my husband's profile to write on this forum. There is a gynecological issue ongoing, along with a medical history from two years ago when there was a miscarriage while I was working at my current organization. I have all the medical records, prescriptions, and certificates indicating that I needed complete rest and no stress at that time.
In my appointment letter, there is no clause for a buyout. However, the company policy states, 'If you resign during your employment with the company, you agree to provide the Company with notice as per your employment agreement. Failure to give the required notice will result in not being formally relieved from the services of the company and being deemed an absconding employee. The Company may also deduct money for the short notice period from your final settlement.'
If I were to join another company in this situation, what legal actions could be taken against me and my new employer? If I assure my new employer that I would take responsibility for any legal consequences, would there be any issue?
Regards,
Rahul
From India, Delhi
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I am using my husband's profile to write on this forum. There is a gynecological issue ongoing, along with a medical history from two years ago when there was a miscarriage while I was working at my current organization. I have all the medical records, prescriptions, and certificates indicating that I needed complete rest and no stress at that time.
In my appointment letter, there is no clause for a buyout. However, the company policy states, 'If you resign during your employment with the company, you agree to provide the Company with notice as per your employment agreement. Failure to give the required notice will result in not being formally relieved from the services of the company and being deemed an absconding employee. The Company may also deduct money for the short notice period from your final settlement.'
If I were to join another company in this situation, what legal actions could be taken against me and my new employer? If I assure my new employer that I would take responsibility for any legal consequences, would there be any issue?
Regards,
Rahul
From India, Delhi
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Hi there,
Medical certificate with diagnosis and treatment can be produced to the company and ask for release. Couple it with the offer of buying out notice period (if required). What stops you from going on sabbatical for one year? If you claim to be medically unfit and truly unfit, you will not be looking for another job, making the offer of sabbatical attractive.
"I wanted to know, what are my legal rights, can the employer deny acceptance of resignation though it is due to a medical reason?" Have you produced the medical certificate, diagnosis, and likely duration of medical unfitness, etc.? A company cannot force someone to work if he is genuinely medically unfit. They can be taken to task legally, which, of course, is a time-consuming and expensive process. The company doctor may challenge the diagnosis and delay the whole legal proceedings, etc. If you do not complete the notice period as per the appointment letter, the company can file a suit for recovery of NP pay, put your name on the NASSCOM list, and refuse the experience certificate, etc.
"Thirdly, whether it should be right on my part to just leave the laptop in the office and walk away like this only?" It would be absolutely wrong and can lead to claims of loss of the laptop/theft of the laptop. It has to be returned properly with a receipt of the laptop with serial number, date, and proper acknowledgment from an authorized official. Do not get carried away and think courts are the remedy for all problems. The right to sue exists, but proving things in court is not easy and expensive. Approaching the court should always be the last resort and when no choice is there. I suggest meeting higher officials of the company, explaining your issues, and asking for release. The court is no solution for this problem where the company will cast doubts on your medical condition and state that you have not fulfilled the terms of release as per the agreement. Discuss the matter with a local advocate dealing in labor law for a mutually agreeable solution.
Thank you.
From India, Pune
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Medical certificate with diagnosis and treatment can be produced to the company and ask for release. Couple it with the offer of buying out notice period (if required). What stops you from going on sabbatical for one year? If you claim to be medically unfit and truly unfit, you will not be looking for another job, making the offer of sabbatical attractive.
"I wanted to know, what are my legal rights, can the employer deny acceptance of resignation though it is due to a medical reason?" Have you produced the medical certificate, diagnosis, and likely duration of medical unfitness, etc.? A company cannot force someone to work if he is genuinely medically unfit. They can be taken to task legally, which, of course, is a time-consuming and expensive process. The company doctor may challenge the diagnosis and delay the whole legal proceedings, etc. If you do not complete the notice period as per the appointment letter, the company can file a suit for recovery of NP pay, put your name on the NASSCOM list, and refuse the experience certificate, etc.
"Thirdly, whether it should be right on my part to just leave the laptop in the office and walk away like this only?" It would be absolutely wrong and can lead to claims of loss of the laptop/theft of the laptop. It has to be returned properly with a receipt of the laptop with serial number, date, and proper acknowledgment from an authorized official. Do not get carried away and think courts are the remedy for all problems. The right to sue exists, but proving things in court is not easy and expensive. Approaching the court should always be the last resort and when no choice is there. I suggest meeting higher officials of the company, explaining your issues, and asking for release. The court is no solution for this problem where the company will cast doubts on your medical condition and state that you have not fulfilled the terms of release as per the agreement. Discuss the matter with a local advocate dealing in labor law for a mutually agreeable solution.
Thank you.
From India, Pune
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Dear Mr. Rao,
I am using my husband's profile to write on this forum. There is a gynecology-related issue that I am dealing with, along with a medical history that includes a miscarriage two years ago when I was working at my current organization. I have all the medical records, prescriptions, and certificates indicating that I needed complete rest and no stress at that time.
Regarding my appointment letter, there is no clause for a buyout. However, the company policy states:
"If you resign during your employment with the company, you agree to give the Company notice according to your employment agreement. If you do not give the required notice, you will not be formally relieved from the services of the company and will be deemed an absconding employee. The company will further deduct short notice period money from your full and final settlement owed to you."
If I were to join another company in this situation, what legal actions could be taken against me and my new employer? If I provide indemnity to my new employer, stating that I will take responsibility for any legal actions, would that resolve any potential issues?
Regards,
Rahul
From India, Delhi
Acknowledge(0)Amend(0)
I am using my husband's profile to write on this forum. There is a gynecology-related issue that I am dealing with, along with a medical history that includes a miscarriage two years ago when I was working at my current organization. I have all the medical records, prescriptions, and certificates indicating that I needed complete rest and no stress at that time.
Regarding my appointment letter, there is no clause for a buyout. However, the company policy states:
"If you resign during your employment with the company, you agree to give the Company notice according to your employment agreement. If you do not give the required notice, you will not be formally relieved from the services of the company and will be deemed an absconding employee. The company will further deduct short notice period money from your full and final settlement owed to you."
If I were to join another company in this situation, what legal actions could be taken against me and my new employer? If I provide indemnity to my new employer, stating that I will take responsibility for any legal actions, would that resolve any potential issues?
Regards,
Rahul
From India, Delhi
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Respected Madam,
Whatever I understand from the additional information given by you is that they will declare you as absconding and deduct the short notice period for final settlement. The old company cannot take action against the new employer in any way. The only issue which is not clear is, you are using medical grounds to leave the old company, saying you are unfit but still wanting to join the new company. The tag of absconder may stick to you, and NASSCOM maintains some such register. [Blacklisting in NASSCOM using NSR IT PIN](http://www.lawyersclubindia.com/experts/Blacklisting-in-nasscom-using-nsr-it-pin-514736.asp)
How the new company will take your unhappy departure from the old company is not known. You have to think of that and keep them in the loop. So take due care and take actions after advice from a lawyer who deals in labor cases. Wish you the best of health.
From India, Pune
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Whatever I understand from the additional information given by you is that they will declare you as absconding and deduct the short notice period for final settlement. The old company cannot take action against the new employer in any way. The only issue which is not clear is, you are using medical grounds to leave the old company, saying you are unfit but still wanting to join the new company. The tag of absconder may stick to you, and NASSCOM maintains some such register. [Blacklisting in NASSCOM using NSR IT PIN](http://www.lawyersclubindia.com/experts/Blacklisting-in-nasscom-using-nsr-it-pin-514736.asp)
How the new company will take your unhappy departure from the old company is not known. You have to think of that and keep them in the loop. So take due care and take actions after advice from a lawyer who deals in labor cases. Wish you the best of health.
From India, Pune
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Dear friend,
The last paragraph of your replies posted as Sl. No. 3 and 5 read: "[If in such a situation, I join some other company, what legal action can they take against me and my new employer? Further, if I indemnify my new employer that I will be responsible for any legal action, then will there be any issue?]"
If you are medically unfit to execute the duties of your current job, then you should be medically unfit to execute duties of your immediate future job as well. Your earlier query was on two counts. One is the non-acceptance of the letter of resignation, and the second one is permission for the early exit. However, your replies at these two places bring contradiction to the fore. This contradiction has not gone unnoticed, and your current employer was able to see through it. Hence, their denial to curtail the notice period or even to accept the resignation itself. They consider medical reasons as an eyewash for the early exit.
As far as abandonment of the duties is concerned, it is a too risky option. With this option, you will not be provided an unblemished relieving letter, or it may not be provided at all. Either option will nullify your tenure at the current company. Therefore, prudence demands completion of the notice period and an honorable exit.
Regarding the indemnification of the future employer, there is no need to worry on that count. Your employment is a matter between you (as an employee) and your current employer. Your future employer is a third party. Therefore, for any wrongdoing(s) of the employee, liabilities cannot be passed on to the third party or any other party for that matter.
Thanks,
Dinesh Divekar
From India, Bangalore
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The last paragraph of your replies posted as Sl. No. 3 and 5 read: "[If in such a situation, I join some other company, what legal action can they take against me and my new employer? Further, if I indemnify my new employer that I will be responsible for any legal action, then will there be any issue?]"
If you are medically unfit to execute the duties of your current job, then you should be medically unfit to execute duties of your immediate future job as well. Your earlier query was on two counts. One is the non-acceptance of the letter of resignation, and the second one is permission for the early exit. However, your replies at these two places bring contradiction to the fore. This contradiction has not gone unnoticed, and your current employer was able to see through it. Hence, their denial to curtail the notice period or even to accept the resignation itself. They consider medical reasons as an eyewash for the early exit.
As far as abandonment of the duties is concerned, it is a too risky option. With this option, you will not be provided an unblemished relieving letter, or it may not be provided at all. Either option will nullify your tenure at the current company. Therefore, prudence demands completion of the notice period and an honorable exit.
Regarding the indemnification of the future employer, there is no need to worry on that count. Your employment is a matter between you (as an employee) and your current employer. Your future employer is a third party. Therefore, for any wrongdoing(s) of the employee, liabilities cannot be passed on to the third party or any other party for that matter.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Mr. Rao Yes I am using my medical ground for reliving from my current organization. Regards
From India, Delhi
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From India, Delhi
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The company has seen through it and is using their tactics, which are supported by the terms and conditions of the Appointment order. Chances are that the old company may give you a relieving letter with observations on your type of exit, etc. No employer will be happy in such cases. Think and act in a manner that does not affect your employment chances.
From India, Pune
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From India, Pune
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Hi,
Can my employer issue a show cause notice or terminate me even after I have given my resignation? Furthermore, should I approach the National Commission for Women as I feel mentally harassed, or should I seek intervention from the District Labour Commissioner in this matter?
Regards
From India, Delhi
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Can my employer issue a show cause notice or terminate me even after I have given my resignation? Furthermore, should I approach the National Commission for Women as I feel mentally harassed, or should I seek intervention from the District Labour Commissioner in this matter?
Regards
From India, Delhi
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