Resignation Law
Himanshu
(Querist) 26 May 2011
This query is : Resolved
Hi
I joined an IT company at a middle management level and with respect to my level, there was no probation period applicable i.e I was a confirmed employee from day 1. After working for about 7 months, I developed a kidney stone problem and was subsequently hospitalized for the same (company was aware of that). The stone was in the formation stage and could not be detected at that time. After about a month, I had another pain attack and was diagnosed with a 1 cm stone which had to be surgically removed. I flew back to my hometown for the surgery and a stent was inserted in the ureter. I was not allowed to travel and as per the doctor I have a tendency of forming recurring stones and will be an ongoing issue (was said over a verbal discussion with the doctor).
Considering the situation, I resigned from the company on 30th April 2011 seeking immediate relieving under medical circumstances. My appointment letter says
"Termination of Service: During your employment with the company, a notice of 60 days is required to terminate employment from either side. the company may terminate your employment by payment in lieu of 60 days notice, without assigning any reason whatsoever, at the sole discretion of the company. If at your request, the company agrees to relieve ypu before serving the full notice period, you will be liable to pay the company on lieu of the balance notice period. However, please note that accepting any such early relieving request would be entirely at the discretion of the company."
I have resigned via email marking my immediate manager and HR under medical circumstances and also have submitted my hospitalization reports to the corporate insurance provider. Also, I did send in the resignation by registered post attaching a copy of the email resignation.
After this the HR replied back to the email saying that I either need to serve the entire notice or pay it off to which I replied stating that I cannot stay in Chennai and not in a position to pay it off due to heavy medical expenses. I have not received any reply to it yet.
Now I want to know:
1. If I take up a job with another company near my hometown providing them the copy of the email resignation and the physical mail, would it turn out to be legitimate in background verification check. Can my previous company put me in absconding status and negate the verification?
2. Is there any law which governs this kind of situation and discourages companies to exploit employees under such circumstances.
3. I was hospitalized and submitted the claim for the same while I was still with the company, the insurance company has cleared the claim and issued a cheque which my company is refusing to provide to me. Can something be done about it?
Please help me with this. I have received a few offers with good companies but
am skeptical to join as not sure what would the verification turn out to be!!
Please Help
Guest
(Expert) 27 May 2011
Your description does not provide some basic information to enable me to advise you appropriately, e.g., the date from which you absented from duty, the date of your application for leave you sent to your company, the date of sending your resignation by registered post, whether your company issued any notice about your being absent from duty or not, whether you are still absent from duty without formal acceptance of your resignation. What your company has said in refusing you to pay your medical expenses, as reimbursed by the insurance company, whether insurance company has issued cheque in your name or in the name of your company, etc.
The complexity of your case can be decided on your clarification on these points.
