Forced To Resign - Loss Of Pay

I am working in a BPO. I got the back problem from the very next after playing tug of war organised by management in the office. due to back problem i was given loss of pay leave for 22 days however i have still not recovered from the back problem & have submitted necessary doctors certificate to the management but now management is asking me to resign on asking them to provide 10 more to days to recover from illness. They are saying if i don't resign it will be a termination. Please help it is very urgent what to do .

At the first place no company can terminate such grounds. Termination itself invites lot of actions from company's end to prove the termination & also because it can invite legal proceedings. You can speak with your HR &/or TL about the same and try to convince management. Do not worry. But if you really feel that the place is not worth continuing or you might take some more days for recovery, it is difficult for a company to keep waiting & in such case ideally you should resign yourself on moral grounds.

If the company still fails to accept your request and demand your resignation, strictly warn them that they shall have to face the legal actions and also have to compensation for both salary loss and medical expenses plus damages...... Warn them with no doubts in your mind........ That is the lame reason to terminate any employee, this is the day where company even accepts the work from home in these kind of cases....... If you have the necessity of a job do not give up, be polite and strict when you warn them, do not be rude in speech and expressions......

Dear Tabzy05

May I please know what is your job profile in the BPO your are working with ? If you are not discharging a managerial or administrative or supervisory nature of job, then you may probably be falling under the definition of 'Workman' under Industrial Disputes Act, 1947.

Under the given scenario, your employer cannot terminate you or force you to tender your resignation on failing medical grounds. In fact, your employers should be emphatic towards your medical condition rather, they are taking an inhuman step by asking you to resign. I am sure, this action must have been initiated by a small time HR Manager who does not have the experience of 'Man Management' and would have worked with some unprofessionals in his earlier company /ies for sure. He does not understand the pain and sufferings of his fellow colleagues and truly speaking, is not a right fit for HR Department.

Any way, what I suggest is, you please speak with senior most person in your HR Department and apprise him about the whole episode along with all your medical reports. I am sure, the senior most HR person would be matured enough to understand your pain, sufferings and mental agony you have been going through. If this step also does not work out, then you have no option other than looking for another job. You can send your attending Doctor's Report (in which he has mentioned time line for total recovery from your illness) through register post with Acknowledgement. Concurrently, you can also send scanned copy of above said documents vide email to all your relevant seniors. I think, your Management may not terminate you. In case of any difficulty at the time of resuming your duties (they may not allow you to rsume your duties), please seek the help of a good advocate who deals in labour matters and file a case against them.

Still of the view, start looking for another job.

Rgds,

Rakesh Pd Srivastav