My sister underwent two surgeries with a gap of two months between each. Her employer gave her sick leave for the actual surgeries. However, when she requested additional leave on medical grounds (supported by a medical certificate and copies of her medical paperwork), it was denied. The surgeries typically require a recovery time of at least three months, and she has been in and out of procedures since then. Her HR manager asked her to resign during a meeting, stating they couldn't grant her further leave. Due to her contract mandating a one-month notice period which she couldn't fulfill, she anticipated they might seek pay in lieu of notice. As they declined to terminate her employment, she stated in her resignation letter that she was resigning based on their request. Nearly two months later, they have issued a notice demanding Rs 44,000 for not serving her notice, threatening legal action if she does not comply within 15 days.
The company possesses all copies of my sister's tests and surgery reports and is fully aware of her physical limitations. They witnessed her condition when she submitted her resignation after their request, verbally assuring her that she wouldn't owe anything, though nothing was documented.
I am seeking clarification on whether any legal safeguards exist in this scenario to prevent litigation. We have already spent a substantial amount on her surgeries, and she is scheduled for another procedure in a few weeks. Our financial resources are allocated toward the upcoming surgery, leaving us unable to cover these costs. We are unable to afford legal representation as well.
Please advise on any legal measures available to avoid potential legal disputes in this matter.
From India, Bengaluru
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The company possesses all copies of my sister's tests and surgery reports and is fully aware of her physical limitations. They witnessed her condition when she submitted her resignation after their request, verbally assuring her that she wouldn't owe anything, though nothing was documented.
I am seeking clarification on whether any legal safeguards exist in this scenario to prevent litigation. We have already spent a substantial amount on her surgeries, and she is scheduled for another procedure in a few weeks. Our financial resources are allocated toward the upcoming surgery, leaving us unable to cover these costs. We are unable to afford legal representation as well.
Please advise on any legal measures available to avoid potential legal disputes in this matter.
From India, Bengaluru
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Employer's Approach to Human Resource Management
What is described seems to be the most inhumane approach of an employer in the important matter of human resource management. It would be better to appeal for a waiver of the notice clause as a special case to be submitted to the CEO of the organization. This should be done simultaneously with a submission of a reply to the notice of legal action, explaining the factual position of her inability to comply with the notice condition due to her forced resignation. If they do not relent, there is no problem; the legal action can be resisted accordingly, as the demand would not stand judicial scrutiny.
From India, Salem
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6108What is described seems to be the most inhumane approach of an employer in the important matter of human resource management. It would be better to appeal for a waiver of the notice clause as a special case to be submitted to the CEO of the organization. This should be done simultaneously with a submission of a reply to the notice of legal action, explaining the factual position of her inability to comply with the notice condition due to her forced resignation. If they do not relent, there is no problem; the legal action can be resisted accordingly, as the demand would not stand judicial scrutiny.
From India, Salem
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Legal Notice for Breach of Notice Period .docx
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