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abhishekitexpert
Hi, I met with an accident on 31st Jan in evening after office hours, fractured leg, had surgery, same has been informed to my office & told them to joining after getting recovered. I have requested for some more time but they are asking for resign, please help.
From India, Gurgaon
Dinesh Divekar
7884

Dear Abhishek,
What has happened with you is quite unfortunate. Every person has to pass through a bad patch of life. This is your bad patch.
"They" means exactly who is telling you to resign? I recommend you writing letter to your MD. Attach medical certificate to the application. Let them keep you on LWP but keep you on the roll.
Thanks,
Dinesh Divekar

From India, Bangalore
abhishekitexpert
Dear Sir, HR is asking for resign & they have changed the password of my official email too.
From India, Gurgaon
sushilkluthra@gmail.com
221

Since you seem to be working as software engineer at grass root level and are treated to be a technical person, you may be covered under definition of workman of ID Act. Forced resignation is unlawful termination. You need not resign and instead send a registetred protest letter to the MD enclosing application for grant of leave on medical grounds enclosing original medical certificate of doctor preferably of civil hospital advising for bed rest. State that you are being unlawfully pressurized by HR to resign on --- only due to accident which you have met on---. This sort of unfortunate accident can happen to anyone. You instead expected assistance from the company. Await for response.Read the thread titled Forced to resign due to my hip fracture"
Thanks
Sushil

From India, New Delhi
nathrao
3131

Forced resignation will be unlawful.Also company should remember that you were going back after work and accident is related to your work in a way.
Just write to higher management explaining problem with documentation and ask them to keep you if necessary without pay.

From India, Pune
NK SUNDARAM
581

HR cannot ask you to resign without valid reason. You can even fight it in court. Keep the documents safely and approach a labour lawyer....
From India
monica_p
70

I agree with all of them and I disagree with all of them.
Currently your health is important so you please take care of yourself. If your company has taken decision not to continue with your services they will not change their decision. You will file the case they will hire you and then you do not get the same respect, position in your company. Please resign and look for another option don't burn the bridges.
All the best.
Hope it helps.

From India, Pune
sushilkluthra@gmail.com
221

Yes the solution suggested above is the optimum one but all are not lucky to get new jobs when they need. Meeting expenditure of daily needs become difficult in many cases. This will be the situation even when an employee has accepted the above sort of harsh and inhumane decision of the employer and starts looking for new master. Why laize faire era was forced to change and legislations were enacted. These were enacted to protect interests of poor employees in the dark days when unemployment was at the hilt. Today also scenario is not changed. It is not that only employees suffer but HR people also exhibited their grouses. See the thread titled "Forced to resign because HR raised voice in interest". Why many similar queriest raise hue and cry is because they can forsee sufferings to them and their families god knows for how much time. It is easier to console by giving the above optimum solution but who will fill up their belly. Criterion of respect or position is secondary and take back seat in such scenario.

Thanks

Sushil

From India, New Delhi
nathrao
3131

Resignation is the easy way out.When a person is down and out due to injury,it is unjust to terminate without a care for the employee.
Injury is an outcome of your duty.You got injured while returning from office duty and this cannot be treated by company so casually.
You must take strongly with the company to withdraw the termination by writing to higher management who may hve a broader perspective of the whole issue.After all a negative image of the company will emerge if the facts become public.
Looking for another job is a different thing and can always be done,but first is to get humane and just treatment from employer.

From India, Pune
K.M.Manish
1

Abhishek@ I hope you are doing well now. I don't know which is the company you work for, just wanted to know whether in the Offer Letter provided to you by the company, is it mentioned that 'the company can ask the employee to Resign at any point of time during your tenure in the company'?
The reason I'm asking you this is because in my experience I had a same case and the Employee who was asked to Resign for some reason has gone to 'The Court of Law' and over there it was highlighted by the company officials that, the employee has signed the Offer Letter where it is mentioned that we can ask him/her to resign from the services at any point of time.
So, double-check the above, and if you don't find anything as such; you don't have to Resign from the services. You can go-to 'The Court of Law' and demand for your rights.

From India, Mumbai
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