Hi, I am working in the IT industry. As per my employment agreement, my notice period is 90 days. However, I have given notice for 30 days due to a medical reason and have a medical certificate and all the prescriptions. My employer is not accepting my resignation. I have also offered to buy out my resignation period, but my employer is also not accepting this. They are pushing me to either complete my notice period or go on sabbatical for 1 year. I have clearly informed them that due to medical reasons, I am unable to continue, and I do not want to go on sabbatical as I am unsure how much time I will need for recovery. However, my employer is not listening.
Legal Rights and Employer's Actions
I would like to know what my legal rights are. Can an employer deny acceptance of a resignation even if it is due to a medical reason? Additionally, what legal action can the employer take if I do not serve the complete notice period?
Leaving the Office Equipment
Is it right for me to leave the laptop in the office and walk away like this?
Legal Action Against Employer
Can I pursue legal action against my employer for mentally harassing me by not accepting the resignation?
Regards, Rahul
From India, Delhi
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Legal Rights and Employer's Actions
I would like to know what my legal rights are. Can an employer deny acceptance of a resignation even if it is due to a medical reason? Additionally, what legal action can the employer take if I do not serve the complete notice period?
Leaving the Office Equipment
Is it right for me to leave the laptop in the office and walk away like this?
Legal Action Against Employer
Can I pursue legal action against my employer for mentally harassing me by not accepting the resignation?
Regards, Rahul
From India, Delhi
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Most employers include a clause of separation in the appointment letter itself. In most appointment letters, it is stated that the employer reserves the right to accept the payout in lieu of the unfulfilled notice period. Therefore, you may check the provisions of the appointment letter.
Employer's Concerns About Medical Reasons
By the way, what exactly is the diagnosis? Your employer could be a little suspicious about the disease and could be suspecting that medical reasons are nothing but a ploy to tide over the condition of serving the notice period. Hence their refusal or coming up with an alternative for sabbatical.
Thanks,
Dinesh Divekar
From India, Bangalore
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8071Employer's Concerns About Medical Reasons
By the way, what exactly is the diagnosis? Your employer could be a little suspicious about the disease and could be suspecting that medical reasons are nothing but a ploy to tide over the condition of serving the notice period. Hence their refusal or coming up with an alternative for sabbatical.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Dinesh, I am using my husband's profile to write on this forum. There is a gynecological issue ongoing, along with a medical history from two years ago when there was a miscarriage while I was working at my current organization. I have all the medical records, prescriptions, and certificates indicating that I needed complete rest and no stress at that time.
Employment Agreement and Notice Period
In my appointment letter, there is no clause for a buyout. However, the company policy states, 'If you resign during your employment with the company, you agree to provide the Company with notice as per your employment agreement. Failure to give the required notice will result in not being formally relieved from the services of the company and being deemed an absconding employee. The Company may also deduct money for the short notice period from your final settlement.'
Legal Concerns with New Employment
If I were to join another company in this situation, what legal actions could be taken against me and my new employer? If I assure my new employer that I would take responsibility for any legal consequences, would there be any issue?
Regards, Rahul
From India, Delhi
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Employment Agreement and Notice Period
In my appointment letter, there is no clause for a buyout. However, the company policy states, 'If you resign during your employment with the company, you agree to provide the Company with notice as per your employment agreement. Failure to give the required notice will result in not being formally relieved from the services of the company and being deemed an absconding employee. The Company may also deduct money for the short notice period from your final settlement.'
Legal Concerns with New Employment
If I were to join another company in this situation, what legal actions could be taken against me and my new employer? If I assure my new employer that I would take responsibility for any legal consequences, would there be any issue?
Regards, Rahul
From India, Delhi
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Medical Certificate and Notice Period
Medical certificates with diagnosis and treatment can be submitted to the company when requesting a release. Consider coupling this with the offer of buying out the notice period if required. What prevents you from taking a sabbatical for one year? If you claim to be medically unfit and truly are, you will not be looking for another job, making the offer of a sabbatical attractive.
"I wanted to know, what are my legal rights? Can the employer deny acceptance of resignation even if it is due to a medical reason?" Have you provided the medical certificate, diagnosis, and likely duration of medical unfitness? A company cannot force someone to work if they are genuinely medically unfit. They can be legally challenged, but this is a time-consuming and expensive process. The company doctor may challenge the diagnosis and delay the legal proceedings. If you do not complete the notice period as per the appointment letter, the company can file a suit for recovery of notice period pay, put your name on the NASSCOM list, and refuse the experience certificate.
Returning Company Property
"Thirdly, is it right for me to just leave the laptop in the office and walk away like this?" It would be absolutely wrong and could lead to claims of loss or theft of the laptop. It must be returned properly with a receipt, including the laptop's serial number, date, and proper acknowledgment from an authorized official. Do not assume that courts are the remedy for all problems. The right to sue exists, but proving things in court is not easy and is expensive. Approaching the court should always be the last resort when no other choice is available. I suggest meeting higher officials of the company, explaining your issues, and asking for a release. The court is not a solution for this problem, as the company may cast doubts on your medical condition and state that you have not fulfilled the terms of release as per the agreement. Discuss the matter with a local advocate specializing in labor law for a mutually agreeable solution.
Thank you.
From India, Pune
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Medical certificates with diagnosis and treatment can be submitted to the company when requesting a release. Consider coupling this with the offer of buying out the notice period if required. What prevents you from taking a sabbatical for one year? If you claim to be medically unfit and truly are, you will not be looking for another job, making the offer of a sabbatical attractive.
"I wanted to know, what are my legal rights? Can the employer deny acceptance of resignation even if it is due to a medical reason?" Have you provided the medical certificate, diagnosis, and likely duration of medical unfitness? A company cannot force someone to work if they are genuinely medically unfit. They can be legally challenged, but this is a time-consuming and expensive process. The company doctor may challenge the diagnosis and delay the legal proceedings. If you do not complete the notice period as per the appointment letter, the company can file a suit for recovery of notice period pay, put your name on the NASSCOM list, and refuse the experience certificate.
Returning Company Property
"Thirdly, is it right for me to just leave the laptop in the office and walk away like this?" It would be absolutely wrong and could lead to claims of loss or theft of the laptop. It must be returned properly with a receipt, including the laptop's serial number, date, and proper acknowledgment from an authorized official. Do not assume that courts are the remedy for all problems. The right to sue exists, but proving things in court is not easy and is expensive. Approaching the court should always be the last resort when no other choice is available. I suggest meeting higher officials of the company, explaining your issues, and asking for a release. The court is not a solution for this problem, as the company may cast doubts on your medical condition and state that you have not fulfilled the terms of release as per the agreement. Discuss the matter with a local advocate specializing in labor law for a mutually agreeable solution.
Thank you.
From India, Pune
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Dear Mr. Rao, I am using my husband's profile to write on this forum. There is a gynecology-related issue that I am dealing with, along with a medical history that includes a miscarriage two years ago when I was working at my current organization. I have all the medical records, prescriptions, and certificates indicating that I needed complete rest and no stress at that time.
Company Policy on Resignation
Regarding my appointment letter, there is no clause for a buyout. However, the company policy states: "If you resign during your employment with the company, you agree to give the Company notice according to your employment agreement. If you do not give the required notice, you will not be formally relieved from the services of the company and will be deemed an absconding employee. The company will further deduct short notice period money from your full and final settlement owed to you."
Legal Concerns When Joining Another Company
If I were to join another company in this situation, what legal actions could be taken against me and my new employer? If I provide indemnity to my new employer, stating that I will take responsibility for any legal actions, would that resolve any potential issues?
Regards, Rahul
From India, Delhi
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Company Policy on Resignation
Regarding my appointment letter, there is no clause for a buyout. However, the company policy states: "If you resign during your employment with the company, you agree to give the Company notice according to your employment agreement. If you do not give the required notice, you will not be formally relieved from the services of the company and will be deemed an absconding employee. The company will further deduct short notice period money from your full and final settlement owed to you."
Legal Concerns When Joining Another Company
If I were to join another company in this situation, what legal actions could be taken against me and my new employer? If I provide indemnity to my new employer, stating that I will take responsibility for any legal actions, would that resolve any potential issues?
Regards, Rahul
From India, Delhi
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Whatever I understand from the additional information given by you is that they will declare you as absconding and deduct the short notice period for final settlement. The old company cannot take action against the new employer in any way. The only issue which is not clear is, you are using medical grounds to leave the old company, saying you are unfit but still wanting to join the new company. The tag of absconder may stick to you, and NASSCOM maintains some such register. [Blacklisting in NASSCOM using NSR IT PIN](http://www.lawyersclubindia.com/experts/Blacklisting-in-nasscom-using-nsr-it-pin-514736.asp)
How the new company will take your unhappy departure from the old company is not known. You have to think of that and keep them in the loop. So take due care and take actions after advice from a lawyer who deals in labor cases. Wish you the best of health.
From India, Pune
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How the new company will take your unhappy departure from the old company is not known. You have to think of that and keep them in the loop. So take due care and take actions after advice from a lawyer who deals in labor cases. Wish you the best of health.
From India, Pune
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Legal Implications of Resignation and Notice Period
If you are medically unfit to execute the duties of your current job, then you should be medically unfit to execute the duties of your immediate future job as well. Your earlier query was on two counts. One is the non-acceptance of the letter of resignation, and the second one is permission for the early exit. However, your replies at these two places bring contradiction to the fore. This contradiction has not gone unnoticed, and your current employer was able to see through it. Hence, their denial to curtail the notice period or even to accept the resignation itself. They consider medical reasons as an eyewash for the early exit.
Risks of Abandoning Duties
As far as abandonment of the duties is concerned, it is a too risky option. With this option, you will not be provided an unblemished relieving letter, or it may not be provided at all. Either option will nullify your tenure at the current company. Therefore, prudence demands completion of the notice period and an honorable exit.
Indemnification of Future Employer
Regarding the indemnification of the future employer, there is no need to worry on that count. Your employment is a matter between you (as an employee) and your current employer. Your future employer is a third party. Therefore, for any wrongdoing(s) of the employee, liabilities cannot be passed on to the third party or any other party for that matter.
Thanks,
Dinesh Divekar
From India, Bangalore
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If you are medically unfit to execute the duties of your current job, then you should be medically unfit to execute the duties of your immediate future job as well. Your earlier query was on two counts. One is the non-acceptance of the letter of resignation, and the second one is permission for the early exit. However, your replies at these two places bring contradiction to the fore. This contradiction has not gone unnoticed, and your current employer was able to see through it. Hence, their denial to curtail the notice period or even to accept the resignation itself. They consider medical reasons as an eyewash for the early exit.
Risks of Abandoning Duties
As far as abandonment of the duties is concerned, it is a too risky option. With this option, you will not be provided an unblemished relieving letter, or it may not be provided at all. Either option will nullify your tenure at the current company. Therefore, prudence demands completion of the notice period and an honorable exit.
Indemnification of Future Employer
Regarding the indemnification of the future employer, there is no need to worry on that count. Your employment is a matter between you (as an employee) and your current employer. Your future employer is a third party. Therefore, for any wrongdoing(s) of the employee, liabilities cannot be passed on to the third party or any other party for that matter.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Mr. Rao Yes I am using my medical ground for reliving from my current organization. Regards
From India, Delhi
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From India, Delhi
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The company has seen through it and is using their tactics, which are supported by the terms and conditions of the Appointment order. Chances are that the old company may give you a relieving letter with observations on your type of exit, etc. No employer will be happy in such cases. Think and act in a manner that does not affect your employment chances.
From India, Pune
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From India, Pune
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Hi,
Can my employer issue a show cause notice or terminate me even after I have given my resignation? Furthermore, should I approach the National Commission for Women as I feel mentally harassed, or should I seek intervention from the District Labour Commissioner in this matter?
Regards
From India, Delhi
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Can my employer issue a show cause notice or terminate me even after I have given my resignation? Furthermore, should I approach the National Commission for Women as I feel mentally harassed, or should I seek intervention from the District Labour Commissioner in this matter?
Regards
From India, Delhi
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Legal rights and obligations
Legal rights of any person become enforceable only when the corresponding legal obligations are fulfilled by them. Here, in this thread, the sole need of the poster is to be relieved from the current organization without serving a long notice period in order to join another promptly or on time. Therefore, medical reasons are cited as a ploy to justify the stance only. Sensing this accurately, the employer tries to delay the exit process by strictly adhering to the notice clause or proposing an unacceptable alternative.
Suggestions and considerations
Various suggestions were provided by M/S Dinesh and Nathrao after weighing the pros and cons of all the alternatives. However, the questioner insists on a secure solution only, without impacting their employability. One cannot have the cake and eat it too.
Employee and employer obligations
It is equally true that no unwilling employee can be forced by the employer to remain in service, just as no unwilling employer can be compelled to retain an unwanted employee in service. Nevertheless, established procedures such as conventions, contracts, or legal agreements should be followed by both parties in a situation of inevitable separation.
Approach to the problem
The poster should approach the problem with equanimity, as suggested by Rao, rather than entertaining fanciful ideas such as resorting to the National Commission of Women. Sometimes, such actions may backfire, who knows! With the poster's candid admission of their true desire and necessity, no one can fault the employer's position. Therefore, the poster should not unnecessarily escalate the issue, as the employer also possesses their own intelligence in such circumstances.
From India, Salem
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Legal rights of any person become enforceable only when the corresponding legal obligations are fulfilled by them. Here, in this thread, the sole need of the poster is to be relieved from the current organization without serving a long notice period in order to join another promptly or on time. Therefore, medical reasons are cited as a ploy to justify the stance only. Sensing this accurately, the employer tries to delay the exit process by strictly adhering to the notice clause or proposing an unacceptable alternative.
Suggestions and considerations
Various suggestions were provided by M/S Dinesh and Nathrao after weighing the pros and cons of all the alternatives. However, the questioner insists on a secure solution only, without impacting their employability. One cannot have the cake and eat it too.
Employee and employer obligations
It is equally true that no unwilling employee can be forced by the employer to remain in service, just as no unwilling employer can be compelled to retain an unwanted employee in service. Nevertheless, established procedures such as conventions, contracts, or legal agreements should be followed by both parties in a situation of inevitable separation.
Approach to the problem
The poster should approach the problem with equanimity, as suggested by Rao, rather than entertaining fanciful ideas such as resorting to the National Commission of Women. Sometimes, such actions may backfire, who knows! With the poster's candid admission of their true desire and necessity, no one can fault the employer's position. Therefore, the poster should not unnecessarily escalate the issue, as the employer also possesses their own intelligence in such circumstances.
From India, Salem
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Dear Sir,
I agree with what you are saying, but I am not a bonded laborer, and no one can force me to work against my will. Even if there is a contractual or legal obligation, and I am breaching the contract, what is the maximum liability on me? According to my understanding, the maximum my employer can do is to pay for the shorter notice, and I have already agreed that I am ready to buy out my notice period.
What is your view on this, or can you foresee any other liability/implication?
Regards
From India, Delhi
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I agree with what you are saying, but I am not a bonded laborer, and no one can force me to work against my will. Even if there is a contractual or legal obligation, and I am breaching the contract, what is the maximum liability on me? According to my understanding, the maximum my employer can do is to pay for the shorter notice, and I have already agreed that I am ready to buy out my notice period.
What is your view on this, or can you foresee any other liability/implication?
Regards
From India, Delhi
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Madam,
My observation may seem partial and reinforce your belief about the legal right of an employee to exit whenever they desire. However, the underlying intention is to conduct a comparative analysis of exchanging long-term career benefits for a small gain in a job. It is true that employment is essentially a contract, terminable at the option of either party. However, my emphasis is on a peaceful separation when one party refuses to relax the exit conditions under a preconceived notion about the other's true intention.
I am not sure whether the exit clause imposes an equal restriction on the employer if they choose to terminate unilaterally. If it does, you can resign and leave after paying the buy-out amount without formal relief and address the issue later. What about the stance of your prospective employer? Would they value your joining their services more than resolving such a dispute with your previous organization? Can't they grant you sufficient time to join after a hassle-free exit?
From India, Salem
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My observation may seem partial and reinforce your belief about the legal right of an employee to exit whenever they desire. However, the underlying intention is to conduct a comparative analysis of exchanging long-term career benefits for a small gain in a job. It is true that employment is essentially a contract, terminable at the option of either party. However, my emphasis is on a peaceful separation when one party refuses to relax the exit conditions under a preconceived notion about the other's true intention.
I am not sure whether the exit clause imposes an equal restriction on the employer if they choose to terminate unilaterally. If it does, you can resign and leave after paying the buy-out amount without formal relief and address the issue later. What about the stance of your prospective employer? Would they value your joining their services more than resolving such a dispute with your previous organization? Can't they grant you sufficient time to join after a hassle-free exit?
From India, Salem
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Withdrawl of Resignation and Notice period.doc
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