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Sagnik Ghoshal (Senior BDA)     09 October 2013

Resignation and breach of contract

Hello everyone,

 

I have a friend who is really unwell and wants to consult the family doctor. Her organization is not ready to give her leaves and is constantly pestering her. Hence, the only viable option left for her is to resign. However, she has signed a contract with the employer to work for a year and 11 months have already elapsed. In this case if she resigns the company is most likely to abstain from giving the necessary documents.

Please suggest on how we may avail the leave, or, can resign from the organisation and also get the experience certificate etc.

 

Thanks



 4 Replies

Kumar Doab (FIN)     09 October 2013

 

Submit sick leave application with medical certificate (under proper seal and signature and let the doctor and hospital enter it in the register) of the doctor or sick leave intimation in writing under proper acknowledgment preferably by redg. post.

 

 

If employee is really sick the employee may obtain it from govt. doctor/civil hospital/medical college…………………..

If the employee is all alone and needs care by family company should allow……………

If employee has signed an agreement it does not mean that employee can not avail leave.

The leave policy of the company should be in line with Factory Act, Shops and Commercial establishments Act of the state……………………offering leave as per the applicable enactments or better benefits as per sanding orders applicable to the company, negotiated bilateral agreement between employer and employee…………………

The company is apprehensive as many employees’ feign sickness and separate during sick leave.

 

The employee may agree to serve for extra days equivalent to the leave period……………… 

Sagnik Ghoshal (Senior BDA)     10 October 2013

Thank you very much for the reply. 

I understand that she is entitled to leaves, but in case she resigns on medical grounds will she be eligible for the experience certificate and related documents?

Kumar Doab (FIN)     10 October 2013

Why can’t she just complete another one month in employment?

The off days/holidays/approved is counted in period of service.

As per Model Standing Orders:(16.          Certificate on termination of service) company has to supply ‘Service Certificate’ to all employees.

If employee has served proper notice of resignation, has served it, has not left any task pending, has handed over the charge/company property there should be no hesitation for proper relieving.

Employer should tender reasonable notice of resignation and structure the notice to suit ling term interests.

The service agreement/bond is in lieu of which favor by company? Has the company incurred some heavy expenses on providing some training that added some extra ordinary skills, or some qualification to employee?

 

You may show the job advertisement, job application, interview call letter, selection letter, offer letter, standing orders applicable to the company (certified or model) appointment letter, service agreement, etc and any other record…………  to your labor consultant/service lawyer……………….and proceed under the expert advise of your lawyer.

The lawyer that has seen your entire docs and has analyzed your inputs can advise you the best.

 

 

 

 

Sagnik Ghoshal (Senior BDA)     11 October 2013

Thanks much! :) Appreciate your help.


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