• Can leaving a software company on Medical terms be treated as absconding as per the indian Law?

I was working in a software company in the month of August 2019. I got a paralysis attack while working in the company and later on it has been diagnosed by Manipal hospital doctor as Bell's Palsy (a facial paralysis). After this incident, I got more attacks during working hours in the company. 
My parents and family suggested me to come back to hometown and get some help from Ayurveda. I informed the company that 'after 15 days of this month I will be moving to my hometown for medical treatment and I am fine with Leave without Pay'. after 45 days of treatment, there were very fewer improvements seen in my paralysis condition and I dropped an email to the company quoting that I am resigning from my position due to my 'unpredictable treatment period'. 

After a couple of days from the resignation, I got emails from the HR department of the company quoting that ' we will treat your resignation as Absconded'. Some days back I got an email related to the Full and Final settlement of some Lacs and now they are threatening me to take some legal actions against me. 

Can you advise me on what to do at my end?
I never signed any bond or e-stamp paper with them, It's just I filled my details on their company portal during joining.
Asked 6 years ago in Labour

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12 Answers

Nothing, on the contrary, issue legal notice to claim your F&F + experience certificate. And if they will falsely declare you absconder, you are incline to file for compensation by filing defamation suit. Since you have duly resigned and due to medical condition, it is impossible to serve any notice period (if any), company act to declare you absconder is parallel to black mail and promoting forced labor whcih is a criminal offense and HR is personally liable for it. 

Company cannot do any thing.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

 you have to pick up this matter in the high court and let the company  reply in High Court that as per the medical advice and report of health conditions the resignation not accepted and the F& F accounts not been done accordingly.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

In event any legal notice is issued to you engage a lawyer and reply to legal notice 

 

2) enclose copy of your medical reports that you are suffering from facial paralysis that you never absconded from duty 

 

3) mention correspondence exchanged with company wherein you had sought Leave without pay and subsequent resignation 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1. Accumulate documentary evidences of your physical ailment (reports, tests, medicines etc.... ) for the treatment undergone /undergoing. ALSO all correspondences (in any manner) with the Co.

2.  There can be no legal prosecution for the term "absconded", more so since you apprehensively did not have any co. assets or documents in your custody, that could have any losses to the co.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can properly resign. You don't need abscond

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

You first gather the medical records and secure them s they may be required to be produced as evidence at the time of a dispute being heard by a court of law if the company is taking a legal action through court of law in this regards.

Even if the company is declaring you as absconding from the job, you may fight it based on your medical records as well as the treatment particulars including the Ayurveda treatment.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

1. Yes they can consider you absconded as you have not served the notice period according to them. 

2. But you have good defence as you have sent them mails regarding treatment period and resignation.

3. You should reply to their mail that you have served them proper notice of resignation and had to leave the job due to medical conditions.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Even if you have not executed a specific contract with the employer you are governed by the rules framed by the employer.

2. If employer files a suit for damages on account of breach of contract then you may in your defence plead that due to physical disability you could not perform your duties, hence resigned.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

Be assured nothing the management of company can do against you. You have every right to resign in the light of your medical background. Please see the following. A fitting reply to be given to the legal notice if any you receive in future. You may claim the balance dues if any.

==================================================================================

Employee Has Right To Resign, Subject To Stipulations In Service Rules: SC Relief To Ex-Employee Of Air India [Read Order]

Supreme Court - Daily Orders

Sanjay Jain vs National Aviation Co. Of India ... on 1 November, 2018                                                

                                                                                    REPORTABLE

                                      IN THE SUPREME COURT OF INDIA

                                       CIVIL APPELLATE JURISDICTION

                                      CIVIL APPEAL NO.7822 OF 2011

       SANJAY JAIN                                               APPELLANT(S)

                                              VERSUS

       NATIONAL AVIATION CO. OF INDIA LTD.                                 RESPONDENT(S)

                                                      WITH

                                        CIVIL APPEAL NO.10881/2018

                                 (ARISING OUT OF S.L.P.(C) NO.27941/2017)

                                                   O R D E R

Resultantly, we allow the appeal. The judgment and order passed by the High Court and the order passed by the respondent declining to accept the resignation are hereby quashed. The benefits which may be available shall be paid to the appellant. Provident fund with the prevailing rate of interest from time to time. The gratuity, if payable or any other benefit, shall be paid with interest @ 6% per annum. Let the outstanding amount, if any, be paid within a period of three months from today.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

See in case they file suit based on your medical condition it can be contested as it was not for see circumstance also since there is no bond signed the company cannot force you to pay since there was no agreed amount of damages. So in case they are filing suit you have to engage an advocate to contest it.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

There is no need to worry as acceptance of resignation is not required as per law. They are bound to accept your resignation. No need to pay them anything asyour resignation is fully justified legally.

If they fail to pay your full and final settlement amount, you can file a suit for recovery against them.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

issue a legal notice through an advocate and enclose copy of medical reports and claim FnF settlement. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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