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VenkatSC
Due to health issues, I recently exited a job. I did not serve notice period. My employer consented to my exit without notice period and in an email asked me repay my health insurance and submit my official resignation letter. I complied. Yet, he is not sending me the relieving letter. What is my recourse?
From India, Chennai
vmlakshminarayanan
919

Hi,
In any Organization as per employment terms employee is supposed to serve proper notice. As you had left without notice (even if informed) employer is not liable to provide you relieving letter. Your employer is supposed to provide you termination of employment contract letter which will be the proof for cessation of contract.
However please check your employment terms and check with your employer for proper relieving letter. See if they accept one month salary in lieu of notice.

From India, Madras
nelsonthomas9102
61

Hi Venkat,
What I see is that your employer after hearing about your health issues and that you would not be able to work further, sent you an e-mail asking you to repay the health insurance premium and also to submit your resignation letter officially.
It is strange that the company should ask you to pay back the health insurance premium, especially after knowing that you have health issues. This does not reflect well on the company in court.
The e-mail sent to you asking for you to submit your resignation letter officially, also serves as evidence that you have discussed with the company regarding your health issues and that you are not able to work any further.
So, the company also has the liability to explain to you why it cannot provide you a relieving letter in spite of taking back your insurance coverage and asking you to resign.
You can ask the company to provide you the explanation and if they don't, then you can approach the labour commissioner for further proceedings against the company's actions.

From India, Bengaluru
vmlakshminarayanan
919

Hi,
If mediclaim insurance is offered as a welfare (premium fully paid by the employer) then employer has the full right to ask employee to surrender mediclaim card after his relief. However employer at his own discretion on humanitarian grounds may permit the employee to use mediclaim card. Employee can make a request but cannot demand.

From India, Madras
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