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Rahul Chauhan   04 September 2024

Asking for resign

HI all,

Today i contacted my hr as i recieved mail regarding the absconding from work so i contacted my hr and asked the reason as per her i was absconding from work i need to report by 8 sep on work so i explained that i am not absconded i am hospitalised since 12 aug and recently undergone through surgery but she is not ready to listen and asking for resing or says that i will be terminated. I am on bed since 17 may due to leg injury and unable to walk. Please help me if sombody can what can i do. Should i resign for my future or Let them terminate me  



Learning

 12 Replies

T. Kalaiselvan, Advocate (Advocate)     04 September 2024

Have you submitted the medical certificate while applying for leave on medical grounds?

If so whether it was acknowledged by the office or not.

Whatever, you can wait for them to take action as per company's rules and regulations, if you have genuinely initiated steps to obtain permission for absence properly as per rules.

kavksatyanarayana (subregistrar/supdt.(retired))     04 September 2024

You shall submit the leave application with the Medical Certificate of Surgeon of the hospital but as per your statement, you have not applied with MC.  So at least now you can submit the MC with an explanation of why did you not submit the MC in time. They may approve, but can't say.

Rahul Chauhan   05 September 2024

Sir since begining I have sended all my documents to my reporting manager with all the diagnosis and prescripttion from hospital

kavksatyanarayana (subregistrar/supdt.(retired))     05 September 2024

You do not resign.  If the company terminates you, file a case against the company in the Labour bureau by consulting an advocate in your area.

Rahul Chauhan   05 September 2024

Thanks for advice. Please also tell me that will termination effect my gratuity as I have completed my 5 years with company and will full n final will also be affected or not

kavksatyanarayana (subregistrar/supdt.(retired))     05 September 2024

the matter in detail will be decided by the bureau on the merits of the case.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 September 2024

You have to give details such as what kind of employment, how long  are you employed, what kind of and how many days of leave are you eligible, why are you absconding without applying for and taking leave and many other things. It appears you are giving half-truths. Under such situation prima facie I think that your services can be terminated. Just because you say that you are hospitalised one need not take pity on you.

Rahul Chauhan   07 September 2024

I am not asking for any kind of pitiness upon me i just wanted to know what steps can i take for unlawful termination if you have answer you can help me otherwise stay away. I was diagnosed with acl, pcl and meniscus tear in may 2024 and was restricted by doctors to walk and was told either to put plaster or knee brace and Walker I work in call center as supervisor and my work involves lot of walking so they advised me for bed rest and all documented with doctor prescripttion. I informed my manager ans since then my struggle started as during some test i as diagnosed with high sugar and bp and was told to bring it down my HBA1C was 11 and told to bring down to less than 8 so it took me another 2 months. I agin explained to manager with doctor proof and then after that i cleared in July and got operation date on 12 aug but again it got postponed due to doctor strike but manager told me we will not wait as after surgery you have to join in 2 weeks which is not possible in knee surgery finall i got operated on 24 aug and i got mail on 2 sep to join from 8 sep Or get terminated. All time above i was in contact with my manager with all document proof. Now tell me do i look like I am asking for pitiness Or just advice about my rights i have all the details and documents about my injury and having conversation with my manager on what's app instead hr even didn't call me it was me who called her after receiving mail of absocnding in this case. Now it's upto you what do you understand and how much mind you have

T. Kalaiselvan, Advocate (Advocate)     07 September 2024

If you have all the documents to prove your innocence and if you think tht you are right and the management is wrong, then nothing prevents you from appraoching the court for relief and remedy, you are frequently appearing before this forum instead of following the right advise of the experts here who have suggested you to approach court for remedy as per law.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 September 2024

When a question of law arises, there is no place for emotions. Everything depends on the terms of your employment and the rules and regulations of the company. In a dispute with your company if the law is on your side and you go to court the case may or may not be decided before you reach your retirement age. You contact the company find out what exactly is the issue and try to resolve it. If you are laid up and not able to go take the help of your close friends or relatives. In your own narrative when you yoursef use  words like 'absconding' it does not speak well of you.

Rahul Chauhan   08 September 2024

Please read my reply carefully I never said that i am absconding willfully it was organization who marked me absconding they never spoke with me i was in touch with my manager hr never contacted me earlier. It was my manager I was in contact with. I just received mail suddenly did they just come to senses after 3 months that I was absconding. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 September 2024

It is already 8th today, the date by which you should have reported according to them.

You are abbsent from work since the time you were bed-ridden on 17th May. Probably you had  applied for leave of absence in writing either with pay or without pay immediately and thereafter from time to time giving medical documents as evidence when you had to continue to remain absent? On 12th August you were hospitalised. Was it that previously you were bed-ridden but not hospitalised?  Probably they gave you leave either with pay or without pay in the beginning and thereafter from time time and borne with your absence? Your situation may be genuine and may evoke consideration. But for the employer it is business. You give them service and in return they pay you. Whatever may be the reason that you remain absent the employer cannot do without your service. If you are not available they have to employ another person. Some employers, particularly very big employers give humanistic consideration based on one's past length of service. Others do not or can bear only to some extent.


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