Resignation from company due to health issue

The resignation can be submitted to good offices of appointing authority,MD etc...............

If you are not asked by competenmt authority or if it is not part of service rules there is no imminent need to send copy of resignation  by email to this team director.

If you have good relations with founders then why don't you sit with them and resolve the matter, in your favor.

There is an option of notice pay @ basic wages in lieu of notice period that can be waived off as well. In case employee is incapacitated due to sickness for 30 days employement can be terminated by employer.

You are not incapacitated and don't want to be terminated on medical reasons.

You can offer to tender notice pay and ask to adjust it in FnF statement and supply it to you!

You can apply your relations and get a waiver of notice pay. 

You can ask them to request you in writing to work for 30days more @ contracted wages and separate peacefully. 

While initiating such queries the querist should post the basic information e.g;





What is your designation ( Noted: Senior Operations executive, as posted by you) and nature of duties in appointment letter and on record in actual practise? Do you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone cancell/amend your recommendations?

You were in which state ( Noted; Bangaluru)?


What is this establishment; Commercial/Industrial ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary?

You were under probation/confirmed?

Dear Kumar Sir,

Thank you very much for the reply.

Below are the answers to your questions.

What is this establishment; Commercial/Industrial ?

It is a startup company into hotels business, It is budget hotel Brand.

I have no authoruity in recommending as such, I work as an executive in the guest experience team.

Does it have Certified/Model standing orders and does it apply to your designation?

I dont think so, I have read the whole agreement and there are no standing orders.

Are you a member of employees/trade unions?
No, I'm not part of any union.

What was your last drawn salary?

30,000 in hand.

You were under probation/confirmed?

I haven't got any appointment confirmation letter, I am working in this organiozation since 7 months and have only got Offer letter at the time of joining which was signed by our CEO.

I can only work their for max 15 days, even that is difficult as i have been ill constantly and getting numerous health issue because of travelling. So please sir let me know how to proceed further.

Thanks in advance.

Dear Kumar Sir,

Thank you very much for the reply.

Below are the answers to your questions.

What is this establishment; Commercial/Industrial ?

It is a startup company into hotels business, It is budget hotel Brand.

I have no authoruity in recommending as such, I work as an executive in the guest experience team.

Does it have Certified/Model standing orders and does it apply to your designation?

I dont think so, I have read the whole agreement and there are no standing orders.

Are you a member of employees/trade unions?
No, I'm not part of any union.

What was your last drawn salary?

30,000 in hand.

You were under probation/confirmed?

I haven't got any appointment confirmation letter, I am working in this organiozation since 7 months and have only got Offer letter at the time of joining which was signed by our CEO.

I can only work their for max 15 days, even that is difficult as i have been ill constantly and getting numerous health issue because of travelling. So please sir let me know how to proceed further.

Thanks in advance.

You have to find out at your own level if the state of Karnataka has granted any exemption to your industry from Standing Orders or not? You can log onto Dept. of Labor website and obtain the contact details of Inspectors/Chief Inspectors and even list of Trade Unions and its leaders.

If standing orders are applicable but not certified then Model standing orders shall apply and during probation period Notice Period is NIL.

The establishment ( or your dept/Div.) might be covered under Karnataka Shops & Estbs Act.

If you are executive by designation alone then it does not matter at all.

You might still be covered by the def. of 'Workman' as in ID Act,' Employee' as in Karnataka Shops & Estbs Act.

You may reconfirm if the letter issued to you is Offer Letter or Appointment Letter.

As per ;Sec6A of Karnataka Shops & Estbs Act, appointment letter should have been issued.

It seems you are a permanent employee and have been appointed with a clause of 90 days for mutual separation. So as per the said clause either you have to serve 90 days notice period or have to pay the equivalent of 90 days pay. You can serve 30 days and pay for rest 60 days. 

Under no law, the company can reject your resignation. However, they can withheld on various grounds. Since you have sent them resignation, you have to wait for their reply. If they do not reply, I can be presume that your resignation has been accepted.

You have posted that:

"I haven't got any appointment confirmation letter"

It implies that as per you, your  service is not confirmed.

Is it stated in offer letter or appointment letter ( if it is) the probation period is................months and your service shall be confirmed in writing?

It is reiterated that by mere adding 'Executive' in our designation you shall not be out of ambit of coverage as ' Workman'/'Employee' and various enactments.

If you are unable to resolve on your own and all inputs in the thread you may lean on an able counsel specializing in labor-service matters.