• Employer is forcing to complete notice period even I am not medically fit

Hi,

I am work in a company based in Delhi. I have resigned from the company but they forcing me to complete notice period. I have already mentioned that I will pay for any short fall in notice. But they kept on forcing me, due to which I got into stress and high blood pressure the next day of resigning that too at the age of 26 years. I also faced the similar problem of stress in December 2017 due to which I was on leave for around 1.5 weeks. I have all medical prescriptions for my treatment. 

The employer is not ready to accept my heath issues, I have also presented the medical prescription from doctor. Even I said that I can give the handover from home, they denied to that as well, now they are saying to join office within this week else they will take legal actions.

Please suggest what actions they can take and what should I do?
Asked 1 year ago in Labour from New Delhi, Delhi

The notice period can not be forced and salary in lieu of the notice period may be deducted.

In case the employer is not accepting the medical conditions the you need to file a FIR against the employer.

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

As long as you are willing to compensate them in lieu of not serving the notice period, they cannot compel you serve the notice period.

Having already resigned, you are free to move out.

For the loss of health that you have suffered and the mental and physical harassment that they have meted out to to you, you have the option of sending them a legal notice seeking damages together with compensation for harassment.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

1) you must serve the notice period provided in your appointment letter

2) take medication for your BP problem

3) it is at discretion of management to accept salary in lieu of notice period

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Hello,

Drop them a mail writing that in furtherance of _______ clause of the employment agreement, I want to quit the job and in lieu of the notice period I am ready to give the salary.

Mention that if further you will be harassed then you will take appropriate action under criminal law against them.

Also, there is no need of money, one can not keep you in employment forcefully.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

The first thing is to go through the contract which you had entered with the company and if there is a clause that you can leave by paying for the notice period not served than you can leave the company and company cannot force you to continue working with them. However, it is up to the company's prerogative to file case against you or not. But if there is a clause to leave by paying then it would be difficult for the company to win the case in court. They can file injunction suit in court that you be barred from disclosing company's secrets. However, your company cannot bar you from joining any other company. But as I have already said it up to your company to file a case against you or not because no one can guess whether they would file it or not.

Vikramjeet
Advocate, New Delhi
1 Answer

4.0 on 5.0

Dear Client,

Is there any bond executed or just a agreement of appointment.

Avoid all threats/pressure from employer. Send him a mail or legal notice, that due to medical unfitness, u r unable to continue and resign w.e.f. from resigning date.

Ready to work from home to serve notice period on agreed salary otherwise willing to pay waiver payment of notice period.

Employer cant do anything

Contact for Legal Notice.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Please mention the agreement and try to look into it if there is any clause which says that you will have to join the service after certain days of leave even if you are not well.

If no such clause then take your salary and leave that job though I know they won’t release your salary.

Save all talks proofs with you and find another job in the mean while we can also move to labour law.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

Your medical records will help in this regard. Normally, in lieu of notice period, 3 months salary has to be paid by either side and can be mutually waived. Therefore, the employer should let you go by accepting the amount which you intend to pay as per the contract. If they are adamant despite your health complications, let them challenge. You need not worry as the law is on your side. However, send a legal notice to your HR about your intention to pay the notice period amount.

Rajaganapathy Ganesan
Advocate, Chennai
1510 Answers
8 Consultations

4.9 on 5.0

This is lab our court related issue .You can take help of a lawyer of a lawyer and file a case related to worksmen compensation in this regard

Anand Shukla
Advocate, Delhi
466 Answers
12 Consultations

4.9 on 5.0

Let them do whatever they like. You are advised to keep calm. This is a civil matter. In case they send notice get it replied through any local lawyer. Further, in case they file court case. Contest it. What is the problem. Case is to be settled on payment of notice period only. Health is wealth. Be conscious about your health. It is not a criminal offence. It is a civil matter and wil be resolved by passage of time. Relax.

Dalip Singh
Advocate, New Delhi
485 Answers
9 Consultations

4.9 on 5.0

Hello sir, if you are ready to compensate them as per the bond agreement, them they cannot force or take any legal action against you..it is advisable to send company a legal notice mentioning your grounds

Hemant Chaudhary
Advocate, Gurgaon
4255 Answers
31 Consultations

4.9 on 5.0

They can't take any legal action against you on medical conditions. You are not compelled to serve when you are not well. Let them send you notice. You just inform them your health condition and inability to attend Office with necessary medical certificates for the same.

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

1) Let them take legal actions, if you are true on your base submit all medical documents and Doctor certificates.

2) on medical ground no body can stop you from leaving the company, If they still insist, just inform to HR if you're not leaving me after paying notice period many and going to complaint the Registrar.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

1. Since you are suffering from ill health you can purchase the notice period by paying the salary equivalent to the notice period. If tomorrow the employer files a suit for damages against you then ill health will be a defence for you.

2. Send a cheque of the notice period pay to the employer along with a letter expressing your inability to serve the notice period.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

As you are ready to pay the short fall in notice , then the employer should relieve you by accepting the said amount as per contract.

No,employer can force its employee to complete the notice period by force , maximum can impose some penalty. Specially your issue is very different from others as you are suffering from health problems.

Like an employer can remove its employee within the period of notice on the ground of medical unfitness , similarly they cannot force any employee to continue the period on this ground.

Your employer cannot take any legal steps against you . So , no need to take tension .

Better you should send one legal notice for leaving the job on the medical after narrating all the details of your health problems and thereby mentioned that now you are free to pass your life as per your wish and further mention that if the employer is going to any action against you , in that eventuality i will file a case in the court for my relief and for compensation for mentally disturbance .

Be relax and dont forget to positive Rating.

Mohammed Shahzad
Advocate, Delhi
460 Answers
18 Consultations

5.0 on 5.0

Have you sent the resignation letter by registered post?

If your resignation was not accepted when you had done it through email or had given them in person without obtaining any signature then you can tender the same in writing and sent by registered post.

You wait for their reply after which you can initiate further legal process.

They cannot force you to work when you are not willing but ready to pay for the notice period if the employment conditions mentioned in the offer letter states that you can either serve or pay compensation towards the notice period.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Dear Concerned,

Your employer can not force you to serve notice period that too when you are unwell. If you have any of the company's assets deposit them to the company and take a receipt of the same. As the company would certainly be holding back your money - the one month notice period can be adjusted in that, In case any specific person is harassing you file a complaint in the police station near you for harassment. However try not to get into unnecessary litigation - think about long term effects.

Best of Luck

Atulay Nehra
Advocate, Noida
1204 Answers
47 Consultations

4.7 on 5.0

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