kashmira b (Team Lead) 09 January 2014

Resignation on medical grounds

Hi,

I am working in MNC and i have issues with my health, Back pain, etc due to working hr, life style. I wish to submit my resignation on medical grounds, where i do not wish to serv 2 months notice period as said in my offer letter. i am ready to stay back in have my back up created which will not take more than 10 working day. I am not from pune and hence need to go back to my native place where my doctor is and get my self fixed. I have been take lot of leaves due to health issues and i conituously stay un well. I am ready to pay my my notice period . The option of using leaves for me to get well soon is not an option as the doc has told me there is something wrong in my back n needs to be fixed ASAP and it would take 3-4 months to fix the issue, also there is parents pressure on me coming back home.

I have gone through the HR policy of the compay. it say there that it is completly on manager to reduce the notice period and or wavie it off. however nothing has been mentioned in the policies what happens if the employee wants to leave on medical grounds.

Please advice do i stand a chance of asking to be release before 2 mnts or do i have to go as per my managers wish?

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1 Replies

Kumar Doab (FIN) 09 January 2014

For notice period the appointment letter alone should not be refereed to.

You may fid many threads on notice period and its applicability as relevant e.g;

https://www.lawyersclubindia.com/forum/3-month-notice-period-95557.asp#.Us7H69IW1MA

If the shifts/working hours do not suit you, if you have medical disorder then you can separate.

If the shifts/working hours are affecting your health and if the medical disorders suffered by you are due to occupation then employer is liable to pay for expenses and if some permanent damage has been caused your lawyer may opine that you can proceed to sue the company and demand compensation.

However prior to this you should build sufficient and irrefutable record in writing and that too under proper acknowledgment.

If your doctor has diagnosed some sickness that needs proper medical attention and bed rest then you should not shy to submit the medical record and certificate and request for waiver of notice period/pay.

You can submit all representations to appointing authority.

Resignation can be without permission and notice. Still employee should always tender some reasonable notice.

However you must take care to state in writing that all tasks assigned to you are completed and nothing is pending at your end and to whom you should handover the charge.

Your post somehow give signs that majority of the HR personnel may perceive as a ploy to separate without serving the notice period and does not look like authentic...............................

Hence you should seek advice of elders in the family, competent and experienced well wishers, lawyer/law firm, trade union leaders and proceed under their expert advice.

Sometimes confusion and intentions to be misunderstood are cause of dispute.