Resignation on medical ground
yashi
(Querist) 21 April 2014
This query is : Resolved
Sir
I m working in a software company n recently i gave resignation on medical bases after taking my maternity leave and 2.5 month leave extension. Now my HR ask me to pay one month salary.
In my company policy these points are mention:
11. Termination of Employment:
a. Either party can terminate this contract of employment by serving one month notice in
writing or salary in lieu thereof. However, the Company at its discretion may waive off the
requirement of the employee to serve one month notice period and relieve him/her earlier
than that.
b. During notice period employee shall not entitled for any earned leave and no adjustment
of any un-availed leave against the notice period shall be permitted.
c. Notwithstanding anything provided herein above, the Company will be entitled to
terminate the employment of the employee without prior notice or any salary in lieu thereof
if-
i. The Company is satisfied that the employee has become incapable of serving the
Company by virtue of physical or mental infirmity and the satisfaction of the Company in
this behalf shall be final.
ii. The employee commits breach of any clause of this Contract or misconduct.
iii. Business or economic exigencies require so. Misconduct includes, Insubordination or
disobedience of any lawful order or instruction, insolent behaviour, being under the influence
of drugs or alcohol during working hours, dereliction of duty, irregular attendance, leave
without approval or unauthorized absence, theft, misappropriation or defalcation of any funds
or property, any financial losses due to negligence or doing any act prejudicial or subversive
to the discipline of the Company.
iv. Employee’s conduct and behaviour at the workplace is in violation of any terms of this
contract, company policy, any law, rules, regulation or orders applicable to the Company
or other standards of conduct, or in violation of moral and legal turpitude including sexual
harassment.
d. In case employee remains absent from duty without prior approval/proper authorization for
a period of three days consecutively this act of the employee shall amount to abandonment
of the job and will amount to deemed resignation from the services of the company without
giving proper notice as required in clause 12 (a) or (b) of this appointment letter. This
deemed resignation will be effective from the first day of such unauthorized absence an
employee will be liable to pay salary in lieu of applicable notice period along with any other
amount due from him or her.
e. When the employee’s employment with the company ends, the employee shall return to the
company or property/assessts provided to the employee by company for performance of his
duties as well as contents, in whatever media, including, without limitation, all confidential
information, papers, drawings, notes, memoranda, manuals, specification’s, designs, devices,
code, email, documents, diskettes, tapes and any other material pertaining to company’s
business. All data and information stored on or transmitted using the company owned or
leased equipment is the property of the company.
Please advice me what should I do so that i cannot give one month salary to company.Pleas reply ASAP.
Devajyoti Barman
(Expert) 22 April 2014
As per the written agreement it is the discretion of the employer to waive off notice provide service and get one month's salary.
In your case, your company refusing to adjust salary, so you have serve it one month.
You can avoid this and quit the company anyway but that may lead to non-availability of Relieving letter.
So decide wisely.
T. Kalaiselvan, Advocate
(Expert) 24 April 2014
As advised, it is better to serve the notice period so that you donot lose the privilege of relieving letter which will be an essential criteria to join in a new organisation.
yashi
(Querist) 01 May 2014
My HR force me to give them hardcopy of resignation with my sign, but they do not reply on my issues, As I am not able to pay any money to them because it is on medical ground.
They told me that either I give them signed resignation or they show me as Abscond.
Pls suggest me what should i do.
