• I have resigned due to health issues, I have 1 pending task which is giving stress,theyr forcing me

Hello Sir,

I have resigned due to health issues,from a company in Bangalore.
I have informed HR and Manager that I cannot sit atleast 30 minutest due to back pain and submitted the relevant documents. i have completed my tasks but I have 1 pending task which is giving too my much stress,they are focing me to complete it before leaving the company...

My notice period is 2 months.
I contact HR and Manger and informed them about the health issues and difficulty to work in this situation and explained then about working with Technical Manager and Team lead who are cornering me on everything I do in work, which is giveing me too much mental stress.

so I informed them that I an ready to buy notice period and leave this company immediately.
But they informed me about notice period buy back, but I have to serve 1 month. and my last working day is on 31st March 2023.I agreed.
The seond month is paid from my side.

Now a couple of days are left as today it is 22nd March 2023.
They are forcing me to complete 1 ticket which is only pending from my side and giving me too much stress physically and mentally.

HR and delivery manager informed that I will get a bad note on my experience certificate .so that I wont be getting job anywhere in India or abroad. Now I am scared and cannot work with this company due to this situation.This is the 5th year in this company and I have server 3 managers now. 
I have got award for my work and got 2 promotions too.
the 3rd Manager is making problems and we dont have any means to give a feedback about this manager other than contacting HR which is not doing anything.

Both physical body pain and metal stress forced me to quite the Job and even buy back the notice period at the earliest.
Working with this company will hamper both my physical and mental health. But I dont have any one to help me on this.
Atleast can some 1 give me an advice on this what to do?

I have submitted the medical certificate to the Manager too.

Regards,
Bimal 
+[deleted].
Asked 1 year ago in Labour

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8 Answers

It is in your interest to serve the notice period 

 

obtain relieving letter and experience certificate from your organisation 

 

if you stop going to office your employer will refuse to give you relieving letter 

Ajay Sethi
Advocate, Mumbai
94946 Answers
7576 Consultations

5.0 on 5.0

You have the right to: 

1. Terminate employment without completing pending task. 

2. Provide evidence of medical condition to company. 

3. Not be required to buy back notice period. 

4. Not receive a bad note on experience certificate. 

5. File complaint with labor regulatory body.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hello,

  1. You have already agreed to pay for the shortfall of 1 month in the notice period that you are already serving and it is a question of another week to complete the same. Complete whatever is possible and leave.
  2. As such they cannot withhold your experience certificate or relieving letter as you are complying with the Notice Period. Just ensure that you document all that is being done and write a brief about whatever work you are completing and email the same to your Manager keeping in loop the HR. Clearly state the reason for your resignation and all the subsequent discussion and the turmoil you are being put through and the threat to add adverse remarks in your  experience letter, making a request to avoid the same as you have given your best to the company .
  3. This can be useful, if we need to take on the company later on in a legal way if they do any mischief.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

1. If in the offer /appointment letter it's clearly mentioned regarding 2 months' notice period or buy back option, then send a legal notice to the HR Manager.

2. When you have medical problem and can't continue the work, management can't unilaterally force you to work. You are not a bonded labourer and do not allow the management to treat you so.

 

Shashidhar S. Sastry
Advocate, Bangalore
5157 Answers
314 Consultations

5.0 on 5.0

You can deny the same. If they still force you then send legal notice through lawyer 

Prashant Nayak
Advocate, Mumbai
32082 Answers
183 Consultations

4.1 on 5.0

You can leave the company as per the original schedule and stop attending the job from next date of last working day.

You cannot be forced to work if you are ready to compensate the company for the balance notice period.

The company cannot give adverse report about you in a background verification by the new company without assigning proper reason supported by documentary evidences.

Hence don't scared on that count.

T Kalaiselvan
Advocate, Vellore
85143 Answers
2220 Consultations

5.0 on 5.0

Dear client,  

It sounds like you are in a difficult situation. It's important to prioritize your health, both physical and mental, and to not let the company pressure you into completing tasks that are causing you stress and pain. If you have already bought back one month of your notice period, it's reasonable to request to be released from your duties and to leave the company immediately.

Regarding the threat of a bad note on your experience certificate, it's important to understand your legal rights. An employer cannot give an employee a negative reference or make false statements that would harm the employee's future job prospects. If you feel that the company is making false statements about your performance or character, you may want to seek legal advice on how to proceed.

In any case, it's important to document all communication with the company, including emails and phone calls. This can help you protect your legal rights and provide evidence if you need to take legal action.

 

 

 

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Except, recovery of the said amount, company cannot harm you for the same

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.

- Hence, if you have already given written resignation , then pay the two months notice period amount and don't worry for his said threatening . 

Mohammed Shahzad
Advocate, Delhi
13370 Answers
199 Consultations

5.0 on 5.0

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