Hi, I work for a company in Pune and recently was diagnosed with multiple medical complications for which I submitted all relevant reports to the company and took a 2-month sabbatical.
However, my condition hasn't improved and new reports were submitted to the company last week requesting acceptance of my resignation without notice served due to my medical condition and the fact that I've been advised to avoid crowded places for the risk of infection.
However, the company hasn't replied to my intimation mail in which I've sent all my medical reports and have today sent across the 1st notice as an absconder & have asked me to either resume work (cannot be done in current condition) OR Pay 1-month gross salary for notice (again not possible due to high medical expenses.
I have a few questions to which any help will be highly appreciated.
1) Can I be treated as an absconder even after being in constant touch with the company and providing timely updates?
2) Is there any provision in the Indian laws to help me in this situation?
3) Their offer letter says 1 month basic needs to be paid and the company is demanding gross how is that ethical?
I've sent them a quick reply again inform them of my medical condition and that I've always kept them updated for this I shouldn't be termed as an absconding case, however, with the amount of internal politics I'm not sure if my mail will have any impact.
So any help and guidance from the legal fraternity will be very helpful.
Thank you in advance.
An aggrieved girl.
From India, Mumbai
However, my condition hasn't improved and new reports were submitted to the company last week requesting acceptance of my resignation without notice served due to my medical condition and the fact that I've been advised to avoid crowded places for the risk of infection.
However, the company hasn't replied to my intimation mail in which I've sent all my medical reports and have today sent across the 1st notice as an absconder & have asked me to either resume work (cannot be done in current condition) OR Pay 1-month gross salary for notice (again not possible due to high medical expenses.
I have a few questions to which any help will be highly appreciated.
1) Can I be treated as an absconder even after being in constant touch with the company and providing timely updates?
2) Is there any provision in the Indian laws to help me in this situation?
3) Their offer letter says 1 month basic needs to be paid and the company is demanding gross how is that ethical?
I've sent them a quick reply again inform them of my medical condition and that I've always kept them updated for this I shouldn't be termed as an absconding case, however, with the amount of internal politics I'm not sure if my mail will have any impact.
So any help and guidance from the legal fraternity will be very helpful.
Thank you in advance.
An aggrieved girl.
From India, Mumbai
1) When the employee has already informed the employer of her medical condition from time to time with relevant medical records and finally on this ground submitted resignation with a request to waive the notice condition, the acts of the employer refusing to waive the notice condition is inhuman and declaring the employee as an absconder is illegal. The basic ingredient of abscondence is remaining incommunicado and not being the employee unable to rejoin duty on proven health conditions or fulfill the notice condition during resignation as demanded by the employer.
2) Law cannot help the poster in this regard as failure to comply with the notice conditions in one way or the other in the event of unilateral termination of the contract of employment is certainly a breach which would end up in paying liquidated damages to the affected party to the contract.
3) The employer cannot demand anything more by modifying the original terms contrary to the terms of notice mentioned in the offer letter unless it was subsequently changed by a proper notice to the employees.
When the employer is so adament and totally inhuman, no use in any more pleading or fighting. Better the poster buys out the notice by remitting one month's basic as mentioned in the offer letter.
From India, Salem
60182) Law cannot help the poster in this regard as failure to comply with the notice conditions in one way or the other in the event of unilateral termination of the contract of employment is certainly a breach which would end up in paying liquidated damages to the affected party to the contract.
3) The employer cannot demand anything more by modifying the original terms contrary to the terms of notice mentioned in the offer letter unless it was subsequently changed by a proper notice to the employees.
When the employer is so adament and totally inhuman, no use in any more pleading or fighting. Better the poster buys out the notice by remitting one month's basic as mentioned in the offer letter.
From India, Salem
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