Resignation law
Querist :
Anonymous
(Querist) 31 October 2011
This query is : Resolved
My husband has resigned from his service in a level 3 IT company. Though he should be serving a notice period of 2 months, he is serving for 10 days.
He resigned on medical grounds and also has an offer from another company.
But his immediate supervisor is not releasing him and is forcing him to serve for 2 months..
He is also ready to pay his comp. of 2 months.. but still they are not agreeing.
Please advise.
M.Sheik Mohammed Ali
(Expert) 31 October 2011
you just send notice to the company for releasing my illness of health and same time i am ready pay to two month of salary, again if they not agree then face the case.
Raj Kumar Makkad
(Expert) 31 October 2011
You shall have to study the service conditions and policy of the company without which as a matter of right, you cannot force the company to follow you.
prabhakar singh
(Expert) 01 November 2011
But i agree with Mr.Makkad.
You can not breach the agreement.
Sailesh Kumar Shah
(Expert) 01 November 2011
Follow service conditions and policy of the company as advised.
Querist :
Anonymous
(Querist) 01 November 2011
Who is breaching the agreement.. If somebody is medically not fit to continue, and is ready to compensate with his salary, then there should not be a problem.
Even the MNC's do not create a problem.
And most importantly in IT industry no organisation waits for 2 months after offering a position to a candidate. So expecting the same from a employee is not proper.
Also it is important to keep in mind that it is not always possible to follow the agreement everytime, because it is a agreem
Guest
(Expert) 01 November 2011
Your husband need to refer to the conditions prescribed in his offer cum appointment letter whether there is any provision or not of payment of compensation in lieu of shortage of notice period.
About your supplementary query, "who is breaching the agreement, if somebody is medically not fit to continue," your own latest post, in itself is the answer, when you state, "it is not always possible to follow the agreement everytime."
Can you please clarify the following points?
1) If your husband is medically unfit to continue, can he not apply for leave due till he recovers from illness instead of resigning from the post?
2) If he is medically unfit, how he would be fit to assume duty in the new company from which he has received an offer and further you have stated "most importantly in IT industry no organisation waits for 2 months after offering a position to a candidate"?
In fact, your question, in itself becomes quite controversial.
Querist :
Anonymous
(Querist) 01 November 2011
The timings that he was forced to work in was not mentioned at the time of joining.
secondly, when he requested for a change in timing, nobody addressed it stating that this is the normal procedure of staying back for long hrs which can sometimes extend till 4.00 am .
This resulted in serious health issues.
After consulting doctor, he suggested to change his company or at least change his work timings.
When my husband got this opportunity with reasonable work timings, he resigned.
Now his present company wants to him to take 2 months of rest then again get back to work, which means again the same schedule.
Guest
(Expert) 01 November 2011
Dear Anonymous,
Divulging partial facts to counter every other post of the experts can only be construed by anyone to be an after thought. However, I don't have any concern with the correctness of any such supplementary statements. BUT, if you really want help of the experts, you must be honest in your statement and tell the real story sincerely and that too in one go. Any partial facts or wrong statements can only mislead you and your husband. Nobody is charging you a fee here for his honest advice, but every one would expect you to state the fact and only fact, if you want correct guidance.
About your statement, "The timings that he was forced to work in was not mentioned at the time of joining, "anybody can question what was the compulsion for him and how he could be forced to join such a company, whose terms were not fair or clear?
For your information, there is no IT company in the world, who may be observing 10 to 6 working hours. IT is time-bound projects oriented industry and even in the other company where your husband wants to join would also compel your husband to complete the projects in time.
I am sure, my frank opinion would not be relished by you, but I would like to advise you just be fair to the experts who want to suggest some remedy for your husband's problem.
