Resigned due to medically unfit
Mahi
(Querist) 31 August 2017
This query is : Resolved
I had given resignation due to continuous mental stress that made me severely ill.Company asked me to serve notice period .I told I am unfit as soon as I will recover will serve notice period,but they send a notice for payment of 2 month salary. But working conditions were very bad I am a women and we're asked to work till 10 pm , due to more work load and insufficient staff.can I go to labor court and file a case against them ,one more thing they are not giving increment they says that u left the company so you are not eligible for that.
Kumar Doab
(Expert) 31 August 2017
Increment: Download and GO thru the policy and rules on appraisal, increment.
assert your right in writing under proper acknowledgment.
Kumar Doab
(Expert) 31 August 2017
Working upto 10pm; Look into the applicable enactments e.g; Shops & Estbs Act of the state and exemption granted if any to establishment regarding evening/night shift of female employees with attached T&C like; pick up/drop............and claim OT of you have worked for more than 8/day=48hrs/week.
Hope you have the evidence of having been asked to work upto 10pm and having worked upto 10 pm.
Request to give OT.
Kumar Doab
(Expert) 31 August 2017
Sick Leave: Hope you have submitted sick leave application under proper acknowledgment and have bed rest advise by Dr.
Keep the copies.
If you have submitted in writing that you will serve notice period upon joining then submit the same copy again.
Kumar Doab
(Expert) 31 August 2017
Notice for 2 months salary: Explain as you have already posted that you want to serve post recovery from sickness.
Kumar Doab
(Expert) 31 August 2017
Notice Period of 2 months: may not necessarily be applicable in your case.
You can ask for correct FnF statement showing: computation of earned wages/leave encashment/bonus/arrears/OT/Incentives/performance bonus/Gratuity etc etc and adjustment of Notice pay at correct rate of notice pay/ leave encahsment etc as per applicable enactments ......or appointment letter which provides of correct rates.........
In case your leave is beyond available balance company may consider LWP.
Request to supply you the acknowledgment of sick leave and approval of sick leave.
Kumar Doab
(Expert) 31 August 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Do standing orders (model/certified) apply to establishment and your designation? ( Apparently NO)
What is notice period as per appointment letter/offer letter and what was notice period tendered by you? ( Noted;30days)
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
Kumar Doab
(Expert) 31 August 2017
You can also prepare your own FnF statement as per your own calculations and ask the employer to verify and confirm.
Rajendra K Goyal
(Expert) 31 August 2017
Report the matter of forced sitting without overtime wages beyond working hours to labor officer and prey him to visit to check the same after working hours.
May proceed as advised by the expert.
