Struggling to Get My PF and Relieving Letter After Health-Related Job Abandonment – What Can I Do?

Dear sir/madam, I was working at Saboo Siddik College of Engineering in Byculla, Mumbai from 2005 to 2014. I am a scoliosis patient. Due to my health issues, I requested a relaxation period of 6 months through my HOD of the IT department and the principal. After 6 months, as I was still not feeling well, I requested to extend my relaxation period via email and registered post to my principal. However, I received a letter from the office instructing me to return to duty immediately. Unfortunately, I was unable to do so due to my health condition. A week later, they sent me an abandonment letter. I visited the college to complete my resignation formalities, but they have not provided me with a relieving letter.

I am currently unemployed for the past two years and need to withdraw my PF amount for my sister's marriage. However, I am unable to do so without my employer's signature. The college refused to give me a relieving letter and now demands that I pay three months' salary to obtain an experience letter and a relieving letter. Due to my health concerns, I am unable to continue working elsewhere. My sister depends on me, and I seek your assistance.

Despite my ten years of service, the college did not grant me a one-year relaxation period on leave without pay basis, whereas other employees at the same college have been granted such breaks, some even up to two years.

Your prompt attention and assistance in this matter would be greatly appreciated.

Sincerely, [Your Name]

Is it compulsory to pay the notice period due for the relieving letter and PF settlement if you have a health issue and the employer abandoned you from the job due to your health issue.

Hi Shabanam1982, I hope you are on the path to a fast recovery. Regarding your query, while company policies can vary, I am puzzled as to why they sent you an abandonment letter.

Job Abandonment

Job abandonment is when an employee fails to report to work or contact their supervisor for a certain number of consecutive workdays (the exact number depends on the company's requirements). This is considered abandoning the job without notice, effective at the end of the employee's normal shift. Another term for this is 'AWOL' (Absent Without Leave).

From your story, it doesn't seem like you voluntarily abandoned your job. Your case appears to be a voluntary resignation.

Voluntary Resignation

Voluntary resignation occurs when an employee decides to resign due to reasons such as ill health, marriage, or better job prospects in other organizations. As you mentioned, you submitted a formal resignation. Is it stated in your employment contract that you need to provide a three-month notice or compensation in lieu of notice? When you were employed, were the grounds for resignation, out-processing policies, and similar procedures clear to you? (Out-processing policies are the step-by-step procedures that an employee must follow when resigning, such as returning company property, completing a proper exit interview, and clearing all issues before the final settlement payment.)

I suggest you speak with the college's administrative personnel to gain a clear understanding of the legalities of their policies and procedures regarding outgoing employees in a college or institute. They should clarify your rights. If they do not assist you, it might indicate an issue. Consider seeking legal advice. Although it can be costly, you might find someone working in a public office or offering pro-bono services. Their legal services are without charge and "for the public good." Good luck, and I wish you a speedy recovery.