Navigating Final Settlements: Can I Claim My Dues After Resigning on Medical Grounds?

Hi Sir,

I work for a company in India. I quit the company on medical grounds, but as per the offer letter, I was supposed to serve a notice period of 90 days. However, I could only serve 30 days as I was advised not to drive due to a medical problem. They have not settled my dues, nor have they provided the relieving letter. Can I legally reclaim my 30 days' salary and other dues? Also, could you please guide me on the labor laws regarding Full and Final settlement when an employee resigns on medical grounds?

There is no Labour Law relevant to full and final settlement with the exception of some provisions in the Industrial Disputes Act. The Industrial Disputes Act, however, speaks about the employer's obligation towards an employee who is to be terminated or retrenched and not about the employee's commitment towards the employer to serve notice, etc. Besides, the ID Act is meant for workmen under the definition of which a person having supervisory or managerial powers will not come. For all employees other than workmen, the settlement is decided by the contract of employment and is always flexible depending upon the terms and relationship that exist between the employer and employee.

Regards,
Madhu.T.K

You are bound by the appointment letter. If you have signed the same terms and conditions, then you can't challenge the employer for 30 days' dues in a law court because, as per the employment terms, you have to adhere to the same.

Regards,
Vishwash Thakur

Does the law say that even if an employee is ill, he has to serve his notice period? I don't think so. Moreover, my employer used to pay salary after 10 days of the billing cycle.