Need advice
Querist :
Anonymous
(Querist) 31 May 2018
This query is : Resolved
Hi,
I am a female employee working with a US based IT firm and had submitted my resignation on medical grounds stating that the climatic conditions are worsening my respiratory ailments and hence I have been medically recommended to leave the city and relocate. The company has a policy of 90 days notice period, my offer letter reads:
"After completion of the Probation period, either Company or you may at any time terminate this letter of appointment without cause by giving in writing to the other party, 3 months notice. The Company reserves the right either to accept your pay and allowance / towards the notice period or demand for actual service during the notice period. You shall not be entitled to any notice pay if your employment is terminated in accordance with condition 7.6 of the Appendix 3 to this letter of appointment."
Now I had filed for my resignation on 19th May and received a response from my manager on 21st May, who said he would have to consult his superiors and was insisting on my medical reports and certificates. I had shared my medical certificate with him but denied the medical reports as they are private and confidential.
Post which I did not receive any updates and in the meanwhile they changed my last working date from 24th May to 17th August on the portal (without my consent), as the resignation was filed using a system generated portal.
I called up the director and asked, he asked me to wait till 27th May as the process required the approval of the Senior Director, who is on a business visit in the US and in the meanwhile advised me to proceed on sick leave and in case of me having exhausted my leave balances, it would be treated as Leave without pay.
Hence I went back and asked my manager, on the 28th May, about the proceeds on my case and he seemed to be very casual about it and said that they have not been able to talk to the senior director.
So, I asked the director for an appointment to discuss the same on the 29th May, he questioned the credibility of my certificate and said that I had no choice but to wait until the senior director is back, which is another week and I told him about the medical condition, he said that I could stay home.
Now, through my time in the company, I have been mentally harassed on multiple occasions and still feel that purposefully delaying a medical case is causing me a lot of stress and I also perceive it as harassment.
I have secured another employment, which I haven't informed my current firm, in another city (keeping my condition in mind).
My first question is, can the company force me to produce my medical reports, as I want to keep them private and confidential?
Secondly, can the company force me to serve the 90 day notice period?
Can I challenge this as a case of mental harassment and what would be the ideal steps that could be taken in this case so that I could be released soon?
Hoping to seek a suitable advice in my case. Anticipating an early response.
Best,
K
Siddharth Jain
(Expert) 31 May 2018
Try and negotiate for a buy out / adjustment of leaves against notice period. Also suggest that you would help complete any pending work and handover and maybe come on weekends if necessary even after you join your new company.
If none of them work and the current employer is unreasonable, you can leave without a relieving letter if your next employer is fine with it. However the risk with this is that you would be burning bridges with your present organisation that may hamper your career in future. A lot of large MNC�s do a thorough background check on all your past employers and one such case can be a red flag that could lead to an offer not being made or worse an offer withdrawn even 10 years from now.
You don't need to give your medical documents too as right to privacy is a fundamental right and xannot be infringed upon, the medical certificate suffices.
For any other queries feel free to contact me at isidjain1@gmail.com
R.Ramachandran
(Expert) 31 May 2018
You have with your eyes open signed an agreement for 90 days notice period. Now, how can you question the same?
You have no other go than to serve the notice period.
How can you accept another appointment, without taking into account, the notice period of 90 days which need to serve in the Company?
Vijay Raj Mahajan
(Expert) 31 May 2018
The notice period of 90 days or 60 days for job resignation/leaving is a regular feature in all MNCs nothing new. The medical certificate issued by the doctor who is attached with the hospital which is on the company's panel good enough for explaining your medical condition, but if the doctor is someone else, the Company will doubt the genuineness of the Medical Certificate and ask for complete Medical records concerning your medical condition/treatment.
You got a better opportunity that's the real reason for leaving the present job rest the excuses you are making is well known fact to the Managements of all MNCs working in India.
I have the opportunity of having close relationship with quite COOs/CEOs of MNCs operating in India and this facts often comes in out conversation.
The Multi National Companies operating in India are spending a lot in training the staff recruited and once the probation period over they try to leave the company making all sort of excuses that is the real reason for keeping 60-90 days notice period for resigning/leaving.
I was even told that dealing female staff is always a matter which management find difficult to deal as their leaving the job after marriage or child birth is common factor and the Companies are facing lot of trouble finding fresh suitable replacement immediately.
The matter of not showing your medical reports to company as these are very personal to you will not be good excuse, rather to prove your genuineness you can show it if you are suffering from real medical condition that is detrimental to your health while continuing in the city where the present company exists and where your work. Even if the matter was to be referred to an arbitrator for deciding your issue the complete medical report would have been summoned from you to check the genuineness of your poor health condition.
Look here you may get couple of advisers who will be giving you advices that suites your interest to make you happy, but to be frank in advice where the cleverness will not work in the Corporate sector especially concerning the Multi National Companies in India, go by that.
Ms.Usha Kapoor
(Expert) 01 June 2018
I agree with Vijay Raj Mahajan in Toto.
Guest
(Expert) 01 June 2018
Unless void in lae, conditions of offer/appointment letter or agreement, if entered in to, are sacrosanct. You will have to abide by that. For confirming legality of the terms & conditions, you may have to consult some service laws expert in person to get the service related documents examined in detail.
However, for the purpose of resignation, no medical reports are necessary to be submitted to the company.
Dr J C Vashista
(Expert) 03 June 2018
If you are seeking obligation of experts FREE OF COST you will have to disclose your identity as per rules of this platform. No reply for anonymous author.
Dr J C Vashista
(Expert) 03 June 2018
If you are seeking obligation of experts FREE OF COST you will have to disclose your identity as per rules of this platform. No reply for anonymous author.
