Resigned Due to Health Issues: How to Handle Unpaid Dues and Protect Future Job Prospects?

Hi all,

I need some expert advice as I have recently resigned on health grounds from a company which did not have any particular policy in case an employee is unwell, such as leave without pay, etc. In the acceptance of my resignation, I was asked to serve a notice period or to pay the amount, even though it has been marked as from immediate effect. All my certificates, incentives, and accruals highlighting my performance have not been paid to me, and they have also stated that I'm resigning as unwell to a great extent, not fit to work for a year. What should I do? Is that right on the employer's part?

I do not want to spoil my employment and relieving certificates. Will this all affect my future employment with another employer?

You have been a member of this forum since July 2007 and are now seeking advice after tendering your resignation. It would have been advisable to discuss this issue with your HR manager before submitting the resignation. Even now, it is not too late. You should discuss with the HR Manager or whoever is responsible for your relieving from the post and request them to relieve you. Kindly request not to insist on notice or notice pay since you are unwell. If your case is genuine, the employer may accept your request.

There is nothing wrong in resigning due to ill health. When you regain your health to take up a job, you can try. There is no need to have a policy to deal with such cases. Generally, it is accepted as a resignation or if you are absent from work due to continued ill health, and if you come under the definition of a workman (under the ID Act), the employer may terminate the services under section 2(OO)(c) of the ID Act, which won't amount to retrenchment.

Dear Mr. Kutty,

Thank you for your prompt reply. The joining of my forum doesn't depend upon the flow of problems coming. I've tried all the mentioned options in my company, but the consequences are not as good. In any case, I had to leave the job due to the seriousness of my health, but no leaves. All my incentives till date, my letters, my salary, and my PF have been withheld.

I was just trying to know if the company was allowed to do this.