Nelsonthomas9102
Hr Executive
+1 Other

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Hello Everyone,
One my friends working in ABC company got a good offer from XYZ company in September 2019 and he resigned to the job of ABC. ABC’s management requested him to reconsider his resignation with a salary hike and he rejected the offer from XYZ company he continued to work with ABC (though he did not withdraw his resignation).
Subsequently, during December 2019 my friend’s son was admitted to hospital and who was covered under group insurance. My friend claimed insurance amount for the expenses made against the treatment of his son. Which is being processed by the Insurance Company.
During the same time differences arose between my friend and his manager and his manager started torturing him and started asking him to resign (orally). My friend kept on saying that I will resign once his insurance claim is settled.
However, today (22.01.2020) when he went to office, his e-mail was deactivated. After inquiring with the manager he came to know that he has been relieved with effect from yesterday (21.01.2020) on the basis of the resignation submitted in the month of September 2019.
My query is, whether a company can relieve the employee on the basis of a resignation submitted almost 4 months back and also whether this would affect his claim settlement with the insurance company

From India
The mistake from the employee is that he has to withdraw the resignation after reconsidering. With regards to the employer relieving on old resignation is unethical as the Resignation Letter was not accepted and the validity of the resignation expires automatically, after the Notice Period mentioned in the Appointment Letter. With regards to the query the company can terminate the job of any employee and can be relieved with immediate effect giving Notice Pay as per the Employment terms.
From India, Ahmadabad
Thank you Saji for your valuable inputs. Much appreciated.
From India
Hi Kumar,
To add on to the really awesome and valid points put across by Saji, you can also take your employer to the court, because the reason they have stated for exiting you on 21-Jan-20 is your resignation letter from Sep 2019, which is no longer valid.
If your job should be terminated without any reason, then your employment should be the "employment at will" type where both the employer or employee can leave without giving any ntice or reason. But here, this is not the case. So, your employer is supposed to provide you a reason in writing, for terminating your employment and also give the chance to appeal against it if required.
Here, you have all grounds to approach the labour commissioner if the company does not cooperate.

From India, Bengaluru
Thank you Nelson Thomas. Your suggestion is much appreciated. Shall arrange to send a legal notice to the employer.
From India
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