• Notice period

Hi


I am suffering from a rare eye condition called keratoconus, which is progressive disease in both eyes, doctors have told me that I have to go through transplant surgery as soon as possible and have to take proper rest post surgery and can’t work for a while. I have resigned from the company and asked for a early release. I have provided a medical certificate for this and even the in-house company doctor has examined me and asked to release me in next few days. Even after this my current manager have asked me to complete the 90 days notice period. Since I am losing health on daily basis can I handover all the company asset I.e laptop and get admitted to hospital. I am even being denied sick leave in notice period . I want to keep money for my surgery and for post surgery survival. So difficult to pay and leave.


The offer letter says this:

Your employment with the Company may be terminated by either party by giving ninety (90) days’ written notice or three (3) months’ gross salary in lieu thereof. The Company reserves the right, at its sole discretion, to release you from services of the Company only after satisfactory handover of the responsibilities assigned to you (including any knowledge transfer).

Is there any solution to leave early. Please let me know soon as I am losing time and health.
Asked 6 years ago in Labour

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17 Answers

Make a written representation to the higher authorities attaching all the medical prescriptions that you have. there must be someone above the current manager? if that doesnt work out then you may have to file a petition challenging the termination clause on grounds of your medical condition stating them to be exceptional in nature.

after you make the representation, if they are still not reading, then you may have to approach CAT (if your organisation covered under it) or high court seeking relief against them.

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

5.0 on 5.0

1. You should deliver the laptop and other office equipment to the employer and send a notice to express your inability to serve the notice period due to your health condition and offer to pay the salary of 3 months.

2. Either you must serve the notice period or pay salary of 3 months. If you do not serve the notice period and yet do not pay the salary of 3 months then your employer will be free to sue you through a civil suit.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Yes you can handover the same to the company with a covering letter to the effect and take the acknowledgement for the same. They can't force you to complete the notice period in medical conditions. You have to send them a notice explaining your medical conditions annexing the medical papers of your case.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Hi

1) Since you are suffering from progressive rare eye condition,, you should escalate to Human Resources or Managing Director of your company and get relieved at the earliest.

2) Your manager seems to be acting illogical as he does not understand the risks involved in keeping you under notice period , despite the fact that the risks involved are mutual and destructive (for the company as well as individual)

3) Please speak to your Human Resource team and if they fail to respond, escalate to your managing director. At least one of them will be sane enough to relieve you instantaneously without burdening you.

4) Assuming even after writing letters to both Human Resources team and your managing director , both of them do not grant you a favourable decision, you may handover the lap top and other assets to the company to your relatives and get admitted in the hospital.

5) No employer can withhold the employee or his salary for not serving notice period when the employee is seriously sick(in your case affecting eyesight) that too at the risk of the employee and the company.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

It is at discretion of company to waive off notice period

Considering your medical condition company should waive the notice period

3) stop going to office and check your self in hospital

4) if company sues you to recover dues for notice period rely upon your medical report that you had no option but to get admitted to hospital during notice period or you would have lost your eye sight

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

If the reason is genuine, don't worry about the consequences. Send in writing to the company HR lead and retain the copies. After getting well, join the other company by giving acknowledgement of resignation letter and convince them to accept now itself that you left with genuine medical complications.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Please check the company policy I think there is a absent termination clause.

I think before the resignation you would have used that so that the company have terminated you.

If you can afford the termination I will advice you to do gross indecipline in the office work so as to that the will terminate or negotiate your termination.

Otherwise tell him that you will file a FIR against the manager for harassment even after the declaration of the critical health ground.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

See, no need to give resign and if already given then as per you said ( I believe) that there is a criteria of giving sick leave in notice period and they are denying it.

Give them a legal notice about asking relieving letter or provide you the sick leave otherwise you would take them to the labour court.

As it is also immoral towards you.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Keep the resignation letter with you and for the record I will suggest you to post your resignation letter citing your medical ground with medical certificate by Doctor via speed post/registered AD and keep a copy of the same with you. Keep the postal receipt alongwith you. It happens that they never accept the resignation and later on tell that resignation was never sent to them. They also blatantly deny email. Also hand over all the valuables of the Company to them and get a receipt if possible. If if they take any action after that you can defend it easily and negotiate later on.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

On Bare perusal of the question , what I can perceive that you are working in a private company so if this is the condition that I have a question for you why you are going to resign from your company on the medical grounds because in every company there is a facility for leave without pay on medical grounds sometime even the company pay the medical expenses.

No answer of your question is you must proceed to get yourself best treatment and forget about the other things and if the company sue you for non-compliance of mandatory clause of years agreement then on the medical grounds you can proceed to file a petition under Labour law .

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

4.6 on 5.0

Hi,

In the present circumstances, you will be relieved by the company and will not be required to pay. If possible, take long leave (without pay) and proceed for your surgery/medication. You can approach to High court directly for this issue.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. You do not need to follow the employer offer conditions when your health is deteriorating.

2. I suggest you to take the treatment and get back to the employer for the final settlement Or Whatever the process ...

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

The early release is the discretion of the company.

The other option for you is to but-out the remaining notice period. Having said that, the general leaves rules/regulation etc. are applicable in the notice period as well and medical leave etc. cannot be denied to you if the situation so warrants.

Send them a mail asking to give you requisite leaves in view of the leave policy and the prevailing medical situation of yours or consider your case for early release. If your request is not entertained, you may make an early exit after seeking full and settlement payment of your dues.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Dear Query Raiser,

In the matter you may write to the Company officials stating the reason for resignation and the details of all the assignments entrusted to you and the assets given to you. You have to details all the work done and completed along with the surrender letter of the Company asset on as is where is basis. then you may request for your company to do a early relieving on medical grounds.

In this case we are not aware of the work that your are doing in the company else if you come under the category of labor as defined under the law you may proceed and file a compliant before the local labor inspector who would in turn help you out in the matter.

Your Offer letter or the appointment letter has to be examined in this regards.

Arun V S
Advocate, Jaipur
64 Answers

4.0 on 5.0

Dear Concern,

Since your in-house doctor has approved of your medical condition and have asked you to leave the job so that you can get your treatment so you are no more obliged to work under the supervision of your manager. You can leave the job and get yourself operated immediately.

In worst case if they come after you for the recovery of money or to compel you to work in the company for the said notice period then you can sue them for such steps taken by them.

In India a professional's job is being governed by the contract signed in between them but in a situation like this you can always opt of the contract without fulfilling the obligation of the contract. The court will consider your position and will pass any order according to that only.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Hello,

The situation is out of your control and you have already intimated the company about the same. Also, note that a company can not force you to stay in such sever conditions.

You may definitely hand over the property of the company to the company and leave the company after detailing the same over the e-mail.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

The manager cannot hold you for the entire notice period nor he can deny to relieve you especially when your health condition is deteriorating.

You may take up this matter to the top management for relief and remedy

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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