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shabanam1982
Dear sir/ madam,
I was working in saboo siddik college of engineering, byculla mumbai since 2005-2014. I am a scolliosis patient. Due to my health issue i request a relaxation period of 6 months via my HOD of IT department and principal.after 6 month i was not feeling good so, i request to extend my relaxation period through email and registered post to my principal. I got a letter from office to join immediately to my duty. I was unable to join due to my health issue. After one week they send me abandoned letter from job. I went to college and full filled my resignation fomality. They are not giving me relieving letter. I want to withdraw my pf amount. But could not withdraw. I am jobless since last 2 year. I want to withdraw pf amount for my sister marriage. But college neigther giving me relieving letter. I did not know how to withdraw my pf money without my employer signature. They abandoned me from job only by sending 1 notice letter. Now they are asking to pay 3 months salary for getting experience letter and relieving letter. Due to my health issue i could not continue job any where. My sister is my responsibility. Please help me. After 10 years of job they could not give me 1 years relaxation period on leave without pay basis. There were many employee in same college who got 1 years break with paid leave. And many take 2 years leave.

From India, Bengaluru
shabanam1982
Is it compulsory to pay notice period due for relieving letter and pf settelment if you have health issue and employer abandoned you from job due to your health issue.
From India, Bengaluru
shallohal
29

Hi Shabanam1982,
First, I hope you will be in fast recovery of your health. With you query, though company policy varies, but I cannot seem to understand why they sent you an abandonment letter. To define:
Job Abandonment –an employee who fails to report to work or contact his/her supervisor for a certain consecutive workdays (depends on company requirement of how many consecutive days) will be considered to have abandoned the job without notice, effective at the end of the employee’s normal shift. Other term for this is called ‘AWOL (Absent With-Out Leave)’.
As per your story, I don't see that you voluntarily abandoned your job. Your case of type of separation would be voluntary resignation: Voluntary Resignation is when an employee himself/herself decides to resign on the grounds of ill health, marriage, better job prospects in other organizations, etc.
As you also told, you did the formal resignation. Is it written in your contract of employment that you need to provide 3 month's notice in lieu of compensation notice? When you worked with them, was it clear to you about the grounds for resignation, the out-processing policies and the like? (Out-processing policies are the step-by-step procedure that when an employe resigned he/she must return the company property, do a proper exit interview and clear all issue prior to final settlement payment).
I can suggest you is to talk to the college's admin personnel to have a clear understanding of their legalities of the policies/procedures of outgoing in a college/institute. They should make it clear to you so that you know what are your rights. If they do not entertain you, it means that there is something wrong. Seek for a lawyer. I know it will be costly, ask someone who are probably working in public office or doing a pro-bono. Their legal services are without charge and "for the public good". Good luck and God speed to your health.

From Bangladesh, Dhaka
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