Due to health issues, I recently exited a job. I did not serve the notice period. My employer consented to my exit without a notice period and in an email asked me to repay my health insurance and submit my official resignation letter. I complied. Yet, he is not sending me the relieving letter.
What is my recourse?
From India, Chennai
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What is my recourse?
From India, Chennai
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Hi,
In any organization, as per employment terms, an employee is supposed to serve proper notice. Since you left without notice (even if informed), the employer is not liable to provide you with a relieving letter. Your employer is supposed to provide you with a termination of employment contract letter, which will be the proof of the cessation of the contract.
However, please check your employment terms and inquire with your employer for a proper relieving letter. See if they would accept one month's salary in lieu of notice.
From India, Madras
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1015In any organization, as per employment terms, an employee is supposed to serve proper notice. Since you left without notice (even if informed), the employer is not liable to provide you with a relieving letter. Your employer is supposed to provide you with a termination of employment contract letter, which will be the proof of the cessation of the contract.
However, please check your employment terms and inquire with your employer for a proper relieving letter. See if they would accept one month's salary in lieu of notice.
From India, Madras
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Hi Venkat, what I see is that your employer, after hearing about your health issues and that you would not be able to work further, sent you an email asking you to repay the health insurance premium and also to submit your resignation letter officially. It is strange that the company should ask you to pay back the health insurance premium, especially after knowing that you have health issues. This does not reflect well on the company in court.
The email sent to you asking for you to submit your resignation letter officially also serves as evidence that you have discussed with the company regarding your health issues and that you are not able to work any further. So, the company also has the liability to explain to you why it cannot provide you a relieving letter in spite of taking back your insurance coverage and asking you to resign. You can ask the company to provide you the explanation, and if they don't, then you can approach the labor commissioner for further proceedings against the company's actions.
From India, Bengaluru
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The email sent to you asking for you to submit your resignation letter officially also serves as evidence that you have discussed with the company regarding your health issues and that you are not able to work any further. So, the company also has the liability to explain to you why it cannot provide you a relieving letter in spite of taking back your insurance coverage and asking you to resign. You can ask the company to provide you the explanation, and if they don't, then you can approach the labor commissioner for further proceedings against the company's actions.
From India, Bengaluru
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Hi,
If mediclaim insurance is offered as a welfare (premium fully paid by the employer), then the employer has the full right to ask the employee to surrender the mediclaim card after his relief. However, the employer, at his own discretion and on humanitarian grounds, may permit the employee to use the mediclaim card. The employee can make a request but cannot demand.
From India, Madras
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If mediclaim insurance is offered as a welfare (premium fully paid by the employer), then the employer has the full right to ask the employee to surrender the mediclaim card after his relief. However, the employer, at his own discretion and on humanitarian grounds, may permit the employee to use the mediclaim card. The employee can make a request but cannot demand.
From India, Madras
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