Query on voluntary abadonment of services
Rajeev M
(Querist) 06 June 2013
This query is : Resolved
My wife have taken 3 month leaves(paid from my leave account) after conceived(from may-2012) and resume duties in august-2012 and continue worked till nov-2012.Further I went for my maternity leaves 4 weeks prior to my due date(from dec-2012),company has granted me 84 days paid leaves.
Due to complicay dcotor has adviced me take rest for 3 months from my delivery date(02 jan-2013) adn company accepted the same. but after 3 month doctor again adviced me to take rest for next 3 months.I aske the company to extend it up to july 1st week 2013 but they refused & asked me to join on or before 10 jun 2013,
Otherwise it will be considered as Voluntary Abadonment of services from my side and compay will take necessary action.
I have few quries:
1) Can it is considered as Voluntary abadonment (as i Informed continuosly through email and recive there replies also)and this is as per which act.
2) Can company terminate me even I have produced the medical certificate.
3) I had completed 5 years of service in may 2012,can they hold my gratuity based on this.
4) I am not giving resignation,can they asked me for force resignation and bound me to serve notice period.
I am not in position to join before fisrt week of july.
Please help me legally to get out of this situation.
Regards
Rajeev M
9868440377
V R SHROFF
(Expert) 06 June 2013
WHEN YOU DO NOT WORK FEW DAYS ALSO IN THE PAST WHOLE YEAR, WHO WILL WORK ON YOUR CHAIR??
If someone is unfit to work for such a long period, Management have to dismiss you and appoint/ train another staff.
Raj Kumar Makkad
(Expert) 06 June 2013
No illigality is found out in the given action of the management.
