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youhou   14 March 2022

Company not providing relieving letter upon termination for health issue in covid time

My company did a forced and without intimation termination, and they voluntarily sent my termination letter to the wrong address that was located in a different state, despite knowing that my hometown was in another state. After pointing out the mistakes, all my mails were also ignored and no proper answer was given to my question.

 

I went on urgent leave for future treatment to my hometown and was informed by email before leaving. I stayed there for almost 1 month. Then after that, the company was pressuring me to submit a medical certificate for future leave. I have submitted where the doctor said 1 more month's leave is required for the treatment.

 

I sent them, but they were not happy with that and weirdly asking question. And afterwards they have asked me to come within 7 days, else they will take some action. I have informed them. My doctor said 1 month leave is required and even if I come I have to do a 14 - day quarantine stay in your state. I have said I can come within your deadline. 

 

My company did a forced and without intimation termination in Sep 2020 (HR sent an email of termination in which it was mentioned that after 30 days your employment will come to an end) due to my severe ill health at the time of COVID.

Even in my persistent ill health, I asked for WFH and sabbatical leave option for health issues but declined both in the time of my medical certificates, my medical documents for my treatment were also ignored, and my medical concerns were also ignored in the deadly Covid times. 

 

About 2-3 months ago, I recovered from a medical problem after about 1 year of treatment. I requested the company again last month, January 2022, to provide my experience and relief letter, and now it has been more than a month, and they are silent on this. Even after sending a follow-up email again, there has been no response so far, and I have no one to ask for further help.

 

Then I was asked about my experience and relieving letter and my other dues so that I could search for a new job.  I am being asked to give Rs 2.25 lakh as a notice of pay recovery for almost 2 months of salary + GST on notice pay recovery.  

  Offer latter it’s mentioned - party may terminate this contract by giving Thirty days’ notice in writing or payment in lieu of salary (net of provident fund contribution and gratuity). However the Company reserves the right not to accept payment in lieu of notice and at its sole discretion and enforce the notice period.

 

Question-

1) Notice pay is applicable in Termination  which is because of ill health?

2)  How to get the relieving and experience letter when they do not reply to my email or phone calls. HR also left the job after some months.

3)  Is there a legal way to get the documents back and solve the issue?



Learning

 2 Replies

Palak batra   14 March 2022

Dear Querist,

 

There are a couple of steps one can take- Check your appointment letter, if there is a clause that either parties can compensate for not serving the notice ( this clause would definitely be there in the appointment letter). 

 

2. Check if you had clearly asked for an early relieving and if you had clearly mentioned your last day of working with the company in your resignation letter. If not, you can make a supplementary resignation letter quoting the earlier resignation letter dated/email dated and clearly mention your last day of working.

 

If your appointment letter has a clause that either parties can compensate for not serving the notice period and if you have given your consent to compensate the company for not serving the notice period then the company cannot stop you from getting relieved legally.

 

Regards,

Palak

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984)     16 March 2022

1. Yes

2. Send them a legal notice through an advocate

3. Yes

For more detailed discussion contact at 9717985984 , ADVOCATEVG20@GMAIL.COM- Adv
Vishal Garg
 


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