Struggling to Resign Due to Health Issues: How Can I Handle My Notice Period Dilemma?

Hello Friends,

I am Manish Namdev and very new to this forum. It's nice to see a forum where we can post our corporate world queries and experiences. I have a query and would like your suggestions, so please help me out. I am working as a system executive at AKC Data System Pvt. Ltd., which is basically the IT section of Amity University Noida. Due to an accident, I am unable to walk and have not been able to attend my office since 26th July. I am still undergoing treatment, so I want to resign. However, my HR department and managers are not allowing me to leave because I cannot provide a notice period of one month.

Please help me solve this problem.

Thanks,
Manish Namdev

Dear Manish,

It doesn't matter if you are not relieved yet. Just write an explanatory letter about your accident and send it along with the medical certificate to your office in charge. There may not be any one-sided rule; if you fail to give one month's notice prior to leaving, you can remit pay for one month in lieu of notice. Then the company shall relieve you immediately. Please remember one cannot be retained against his will.

Regards,
Kiran Kale.

Dear Manish,

I just want to know the reason behind your resignation. Why do you want to change your employer as you said that you are not well.

Dear Manish,

I have sent your medical report indicating that you are not fit to join duty.

Please obtain a written reply from your HR Manager stating the reason for not being relieved. If the reason is valid, you will need to pay the one-month notice period and then you can be relieved.

In your communication, express your readiness to pay the short notice period and request the issuance of the relieving letter.

If you do not receive a response, escalate the matter by writing to the Managing Director or the top authority. Copy the Education Department and the Labor Commissioner's office.

I believe this course of action will help resolve your issue.

Regards,
Johnson Poojari
9930090055

Whatever the relieving date, you will have to serve the notice period unless your supervisor, department in-charge, or whoever is authorized to waive off your notice period. You should mention in your resignation that you want resignation with a waiver of the notice period and have a written reply either through mail or hard copy from your HR department.

In most cases, the new employer considers the resignation if proof of resignation submitted is provided to them. You can additionally send in your resignation through Registered AD, which should provide you with an acknowledgment that you have sent in your resignation if the current employer is not accepting it. The relieving can happen later on.

Remember to keep all communication in writing and keep a photocopy of all envelopes and acknowledgments with you to produce to the other employer.

Dear Manish,

Why don't you continue your treatment and then go back to work as long as your company has not laid you off? I think you need to reconsider your resignation or consider the second option; if you have the financial capability, you can pay your company one month's salary instead of serving the notice period they require.

Thank you.

Dear Manish,

Md. Hassan is correct. Instead of thinking about returning to work after recovery, continue your treatment. Wishing you a speedy recovery.

Best regards,
Sumit Kumar Saxena

Dear Mahesh,

Unexpected things always come up, ready to face challenges no matter their nature. Relieving yourself is not the issue; nobody can stop you since a mutual offer has been agreed upon.

One more option: you may continue to do the same job through your laptop, sitting in your home, after consulting with your employer, provided your job nature allows for it.

Always stay positive. Your recovery should always be at the forefront of your mindset. I wish you a speedy recovery and to continue doing a good job as well.

ALL THE BEST.

Regards,
S. ANAND SIVAKUMAR

Hi Manish,

First, have you ever tried to find out the reason why your employer is not willing to provide you with a clear explanation for your exit?

Have you ever talked to your supervisor, to whom you report, to confirm whether your resignation has been accepted or not?

As you mentioned that you are unable to attend the office due to a medical issue and wish to resign, one thing I don't understand is why you want to resign when you can take medical leave and rejoin the office afterward by submitting all medical bills.

This raises a significant question, and it appears that your employer is not accepting your resignation due to the same reason, and you cannot be relieved until then.

The best solution is to send a hard copy of your resignation along with a brief letter explaining your situation and providing a strong reason why you can rejoin them. Send a copy to the HR Manager and request to be relieved. If they find your situation and reasons valid, they will automatically relieve you. If they inquire about you via phone call or any other means, provide them with all the necessary details.

I am confident they will understand as the HR department also does not want to prolong such issues and has no further time to spend on it.

If you have any more questions or need further information, feel free to contact me.

Best of luck!

Dear Friends,

Thank you for your replies. Actually, I have a ligament injury that will take time to recover. In the meantime, I have joined a full-time MBA course. After recovering, I will need to attend my college, so I will not be able to continue working in the office. Therefore, I want to resign. I have already informed the AVP about this situation and discussed it with them. However, the issue lies in the fact that there seems to be a lack of alignment between the HR department and the AVP. The HR department says they have no issue with my resignation, but they require the AVP's permission. On the other hand, the AVP insists that the HR department should manage the situation, not him.

I have sent my resignation via email along with the necessary medical documentation. The challenge here is that all decision-making power seems to rest with a single individual, the AVP.

Thank you.

In that case, you don't need to worry about anything as HR has a rule that after a certain time, they have to relieve a candidate who has not been working for so long with the organization. This normally takes 2-3 months, and after that, they will clear all your dues. However, if you can't wait, then go to your AVP once again and request him to ask your HR department to relieve you. Alternatively, you can go directly to HR and ask them to speak with your AVP to clear your dues and for your clearance. Other than this, I don't think you need to go any further as there are some other legal options available to you, but this would not be the best course of action.

So, don't lose hope and please try once again. Make a humble request to them. Best of luck.