Hi all,
I need some expert advice as I have recently resigned on the health grounds from a company which did not had any particular policy incase an employee is unwell such as Leave without pay etc. in the acceptance of my resignation I was asked to serve notice period or to pay the amount even though it has been marked as from immediate effect, all my certificates,incentives and accrualls highlighting my performance have nt been payed to me and also they have stated that i'm resignin as unwell to a great extent nt fit to wk for a year ....what should I do...is that right on the employer's part????
I donot want to spoil my employment and reliving certificates...will this all effect my future employment with other employer
From India, Delhi
1I need some expert advice as I have recently resigned on the health grounds from a company which did not had any particular policy incase an employee is unwell such as Leave without pay etc. in the acceptance of my resignation I was asked to serve notice period or to pay the amount even though it has been marked as from immediate effect, all my certificates,incentives and accrualls highlighting my performance have nt been payed to me and also they have stated that i'm resignin as unwell to a great extent nt fit to wk for a year ....what should I do...is that right on the employer's part????
I donot want to spoil my employment and reliving certificates...will this all effect my future employment with other employer
From India, Delhi
You are a member in this forum from July 2007 and you are now seeking advice after tendering your resignation. You could have discussed this issue with your HR manager before submitting the resignation.
Even now it is not too late. You discuss with the HR Manager or whosoever responsible for your relieving from the post and request them to relieve you. Request not to insist on notice or notice pay since you are unwell. If your case is a genuine one, the employer may accept your request.
There is nothing wrong in resigning due to ill health. When you gain your health to take up a job, you can try.
No need to have a policy to deal with such cases. Generally it is accepted as a resignation or if you absent from work on account of continued ill health, and if you come under the definition of workman (under ID Act ), employer may terminate the services under section 2 (OO)(c), of ID Act, which wont amount to retrenchment.
From India, Madras
Even now it is not too late. You discuss with the HR Manager or whosoever responsible for your relieving from the post and request them to relieve you. Request not to insist on notice or notice pay since you are unwell. If your case is a genuine one, the employer may accept your request.
There is nothing wrong in resigning due to ill health. When you gain your health to take up a job, you can try.
No need to have a policy to deal with such cases. Generally it is accepted as a resignation or if you absent from work on account of continued ill health, and if you come under the definition of workman (under ID Act ), employer may terminate the services under section 2 (OO)(c), of ID Act, which wont amount to retrenchment.
From India, Madras
Dear Mr. Kutty,
Thanks for your prompt reply. The joining of my forum doesn't depends upon the flow of problems coming. I'd tried all the mentioned options in my company but consequences are not as good in any case I had to leave the job due to seriousness of my health but no leaves, All my incentives till date,my letters, my salary , my pf has been with held.
I was just trying to know if the company was allowed to do this.
From India, Delhi
Thanks for your prompt reply. The joining of my forum doesn't depends upon the flow of problems coming. I'd tried all the mentioned options in my company but consequences are not as good in any case I had to leave the job due to seriousness of my health but no leaves, All my incentives till date,my letters, my salary , my pf has been with held.
I was just trying to know if the company was allowed to do this.
From India, Delhi
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Resignation Letter.jpg
Resignation cum relieving letter.doc