LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Iqbal Ahmed (Retired govt servant)     23 October 2008

Quitting the job

I am a retired Manager from a public sector taking .
I had joined a pvt ltd co as Manager some 18 days back.
But now I find the working conditions very stressful.
I am diabetic patient and finding it difficult to work there.
My health condition has deteriorated during the last few days.
In the appointment order it is mentioned that if I had to resign I should
give 3 months advance notice to the co management or pay
compensation( it is not made clear what it is)

Now if I quit my job with immediate effect, on health grounds
will it attract any of the above conditions.
I will be much obliged for a prompt reply from the legal experts.


Learning

 5 Replies

H. S. Thukral (Lawyer)     23 October 2008

You give a notice of three months and then go on leave. The  employer might not pay you for this period but conditions of the contract are satisfied.

Murali Krishna (Govt..Employee)     23 October 2008

Excellent  answer from Harbhajan Thukral. However, if the leave is not granted, or if he does not have that many days of leave at his credit, (in this case, he had put in service of 18 days only), what could be the answer.


I feel that he may request the management to relieve him without insisting the condition of compensation, since here his resignation is on health grounds, a retired employee and his quitting is not to join in any other organisation. 

H. S. Thukral (Lawyer)     23 October 2008

If a person is medically unfit, no employer can ask him to work. It will be violation of his Right to Life. The employer's has only right to resort to no work no pay.  During the notice period the man is not joining any other organisation and therefore he should not  bother about the relieving order of the employer. Hand over a notice and relax . You have done your part of contract. Donot bother about compensation.   

H. S. Thukral (Lawyer)     23 October 2008

If a person is medically unfit, no employer can ask him to work. It will be violation of his Right to Life. The employer's has only right to resort to no work no pay.  During the notice period the man is not joining any other organisation and therefore he should not  bother about the relieving order of the employer. Hand over a notice and relax . You have done your part of contract. Donot bother about compensation.   

Iqbal Ahmed (Retired govt servant)     24 October 2008

Thank you very much for your guidance.


 


 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register