Facing Resignation Challenges Due to Health: Can My Employer Call Me an Absconder Despite Medical Updates?

Hi, I work for a company in Pune and was recently diagnosed with multiple medical complications. I submitted all relevant reports to the company and took a 2-month sabbatical. However, my condition hasn't improved, and new reports were submitted last week, requesting acceptance of my resignation without notice served due to my medical condition and the fact that I've been advised to avoid crowded places to reduce the risk of infection.

The company has not replied to my intimation email, in which I sent all my medical reports. Today, I received the first notice as an absconder and have been asked to either resume work (which is not possible in my current condition) or pay 1-month gross salary for notice (again not feasible due to high medical expenses).

Questions Regarding My Employment Situation

I have a few questions for which any help will be highly appreciated:

1) Can I be treated as an absconder even after being in constant touch with the company and providing timely updates?
2) Is there any provision in Indian laws to assist me in this situation?
3) Their offer letter states 1 month basic pay needs to be paid, but the company is demanding gross pay. How is that ethical?

I replied to them quickly, informing them of my medical condition and that I have always kept them updated. I believe I shouldn't be termed as an absconding case. However, given the amount of internal politics, I am unsure if my email will have any impact. Any help and guidance from the legal fraternity would be greatly appreciated.

Thank you in advance.

An aggrieved girl.

Employee Resignation Due to Medical Condition

1) When an employee has already informed the employer of her medical condition from time to time with relevant medical records and finally, on this ground, submitted resignation with a request to waive the notice condition, the acts of the employer refusing to waive the notice condition are inhuman. Declaring the employee as an absconder is illegal. The basic ingredient of abscondence is remaining incommunicado and not being unable to rejoin duty due to proven health conditions or fulfill the notice condition during resignation as demanded by the employer.

Legal Implications of Notice Condition

2) Law cannot help the poster in this regard as failure to comply with the notice conditions in one way or another in the event of unilateral termination of the contract of employment is certainly a breach that would end up in paying liquidated damages to the affected party to the contract.

Employer's Demands and Contractual Terms

3) The employer cannot demand anything more by modifying the original terms contrary to the terms of notice mentioned in the offer letter unless it was subsequently changed by proper notice to the employees.

When the employer is so adamant and totally inhuman, there is no use in any more pleading or fighting. It's better for the poster to buy out the notice by remitting one month's basic pay as mentioned in the offer letter.