amrita (sap consultant) 14 June 2012

Resignation not accepted!!help

Hi,

I am workingin a CMM Level V Software company as a Senior Consultant.I have resigned from my current organisation 15 days back where i have served 1 year.

I have shown medical backgroud because my health is not permitting as well as due to family issue i need to relocate on urgent basis.

As per as terms and condition which i have signed i have to serve 3 month notice period or I can go for buy out if my manager agrees.

I had a discussion with my manager and practice head and they are not ready for buy out stating that i haveto be in th organisation till they find any replacement by lateral hiring.

I am in bench and they are giving me irrelevent work and teh onsite team is harrassing me like anything.

My manager has strictly ordered me not to disclose my health issue to the onsite team.

Latest decision is that I can opt for work from home,but they are not allowing me to go back to my native or they dont have branch office there.My parents are old and I am their only child.

i am alone in this city and for medical urgency there is no one here to help me out.I have shown medical reports but Practice head is not ready to release me.

Even i have dropped couple of mails to practice head ccing HR team but tehy have neither sent return receipt or gave me reply.

For few days due to my bad health I am working from home

This is a case of harrassment please guide me what to do

Thanks

Amrita

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3 Replies

Kumar Doab (FIN) 14 June 2012

Mr. Davessar has given valuable advice. Kindly follow it.

If you are sick and unfit to work, you should not work, or your health shall detoriate and your medical disorder shall complicate. You may obtain bed rest advice from your specialist doctor and submit sick leave application along with medical certificate. You may carefully ensure that the Rx, medical bills, diagnostic reports, are signed and stamped by your doctor and if company demands you should be able to produce. Companies can become adamant and ask for examination by a specialist doctor/doctor chosen by company. At your native place you may obtain medical advice and bed rest from CMO in civil hospital. If the company does not sanction genuine sick leave, and/or forces the sick employee to work it shall be bad conduct. However employee should be in a position to prove that he was forced to work while he was sick.

Company may not agree to adjust balance leaves in notice period. Companies may encash the earned leave and add the amount in FNF statement.

You may narrate the whole incidence by written communication addressed to appointing authority, MD, CEO, with a copy to Head-HR, mention detail of each representation with its date and ask to accept notice pay in lieu of notice period up to your last day in office which you should mention. You may specifically mention that the tasks being assigned to you on day to day basis (which are not relevant to duties assigned to you) and that your parent are indisposed and you are the only son etc. Thus you may seek relief from good offices, and build some favorable record. It shall be difficult to decline to count sick leave in notice period.

If the company becomes hell-bent you can try service certificate as defined in SE Act applicable to state where you are posted, or approach court of law for relief.