Need an advice
subhiksha
(Querist) 10 August 2015
This query is : Resolved
Sir,
I worked in a company in Hyderabad for a month ..since my health did not permit and also due to my family position, I came back to Chennai.. I had sent a formal e mail to my HR and manager that I am resigning due to ill health and cannot service the notice period or travel or stay there due to my health .. My manager called me today and told me that if I do not serve the notice period , they will take legal action against me .. I checked in the offer letter and this clause is there .. But my question is .. this process is a new one and by the time I get relieved, they would not even have the process in India !!!.. there is no use keeping me and training me as I would leave before the process goes live. Can I contest them if they file a legal case against me .. I can get a doctor certificate for my back spasm but it does not require hospitalization .. Please advice
malipeddi jaggarao
(Expert) 11 August 2015
What exactly there in your offer letter in this regard?
Rajendra K Goyal
(Expert) 11 August 2015
Facts lack vital information, Consult local lawyer in service matters and show him documents, discuss.
subhiksha
(Querist) 11 August 2015
Ok .. my offer letter says I have to serve 3 months notice period and the company can claim damages if I do not do so .. I did speak to my manager and told him that I just cannot travel to Hyderabad due to my paining back but he keeps telling me that I should go to Hyderabad and submit resignation from their premises only ... I have sent them a letter with all facts on why I cannot serve the notice period due to my ill health but they are quite adamant that I should go there .. they also want to keep every thing off line .. he was very critical that I had sent a written mail .. but the fact remains that I cannot travel now due to my paining back spasms and my family is helping me to get through it .. just cannot go there and stay alone ..please help
K.S.Srinivas
(Expert) 13 August 2015
Then serve three months notice period and apply leave on medical grounds by enclosing the medical certificate etc.
T. Kalaiselvan, Advocate
(Expert) 17 August 2015
One cannot take law into their own hands quoting personal inconveniences, if you are sure you can challenge the litigation if any, then why this query here?
