• In case of ill health notice period and compensation can be avoided?? please advice.

I am a private employee in a mnc. Now i am suffering from hepatic disorder(Jaundice) and mental agony. I applied for medical leave and produced medical certificates. In view of ill health, mental agony due to separation of family legally, i am unable to concentrate and perform productive duty. So i want to resign before notice period without paying compensation due to financial crisis. They are insisting me to serve notice period or to pay the compensation. please advice me the procedure to overcome this problem. And they are not considering my medical reports. And unofficially over phones they are harassing me for not attending their calls. Officially i have not resigned in system but i made a request to relieve me to HR. After the sick leave for nearly 15 days i have not reported back to the office and requesting to relieve on humanitarian grounds. please suggest.
Asked 6 years ago in Labour

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7 Answers

They are cruel, resign at once on medical grounds by up-loading all the medical prescriptions and reports, they can't do anything if they do then go to Labour Department, as there is no need to serve notice period if resigned on medical grounds.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

IF you have no dues and F & F is clear stop going to office, they will terminate by itself, no compensation payable. Don`t resign. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

you have to serve the notice or pay salary in lieu of notice period 

 

2) it is at discretion of management to waive notice period 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

you can resign on the base of medical ground.just produce the medical certificate you are no longer fit to serve the organization and that's why want to resign.it doesn't make any difference either you are serving under bond or not.but the test of natural justice passed you. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello,

They have all the right to enforce the contract. However, you may stop going if you are ready to fight the case, in case they approach the court . The court will give you relief on the humanitarian ground  and on the ground that you disclosed the medical condition well in advance, which was rather genuine. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It can be avoided you can pay and buy the notice period by paying your basic salary

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You cannot take the privilege of not paying the notice period or not serving the notice period on your resignation.

The rule or law is common for all and you cannot claim any exemption from it for whatever the reason.

Dont undertake any risk, you may try to solve the issue without making more issues which may not be good for your own career.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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