Hi Sir,
I work for a company in India. I quit the company on medical grounds, but as per the offer letter, I was supposed to serve a notice period of 90 days. However, I could only serve 30 days as I was advised not to drive due to a medical problem. They have not settled my dues, nor have they provided the relieving letter. Can I legally reclaim my 30 days' salary and other dues? Also, could you please guide me on the labor laws regarding Full and Final settlement when an employee resigns on medical grounds?
From India, Bangalore
Acknowledge(0)
Amend(0)
I work for a company in India. I quit the company on medical grounds, but as per the offer letter, I was supposed to serve a notice period of 90 days. However, I could only serve 30 days as I was advised not to drive due to a medical problem. They have not settled my dues, nor have they provided the relieving letter. Can I legally reclaim my 30 days' salary and other dues? Also, could you please guide me on the labor laws regarding Full and Final settlement when an employee resigns on medical grounds?
From India, Bangalore
Acknowledge(0)Amend(0)
There is no Labour Law relevant to full and final settlement with the exception of some provisions in the Industrial Disputes Act. The Industrial Disputes Act, however, speaks about the employer's obligation towards an employee who is to be terminated or retrenched and not about the employee's commitment towards the employer to serve notice, etc. Besides, the ID Act is meant for workmen under the definition of which a person having supervisory or managerial powers will not come. For all employees other than workmen, the settlement is decided by the contract of employment and is always flexible depending upon the terms and relationship that exist between the employer and employee.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
4526Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
You are bound by the appointment letter. If you have signed the same terms and conditions, then you can't challenge the employer for 30 days' dues in a law court because, as per the employment terms, you have to adhere to the same.
Regards,
Vishwash Thakur
From India, Mumbai
Acknowledge(0)Amend(0)
Regards,
Vishwash Thakur
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Full n final settlement.doc