Legal Question in Employment Law in India

Respected Sir,

I worked in an MNC for 6.5 years and been suffering from cervical spondylitis from last 3 years, Now the stage has come where I cannot even get up and sit more than 30 minutes before the system and work. I have explained the situation to the management and requested for LOP and they have denied as my leaves are exhausted. Company has put me under immense pressure and lot of mental torture during the tenure. I have resigned in the best interest of my family and myself. I sent my resignation letter through email and requested the management to relieve immediately.However, they are not ready to relieve me and are forcing me to serve the notice period. In the period, they have sent the absconding letter that I have not informed the valid reasons for the absence. I have explained them through calls and emails and urged, but no luck.

During the last 3 months, my manager has put me under severe mental pressure and they have threatened me a lot if notice period is not served.

Kindly suggest my course of action if I have to go legally.

Thanks in advance for your help.

Regards,

Mahender


Asked on 12/14/15, 6:31 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.12.2015

Dear Mahender,

You first ought to produce a Medical Certificate from a general medical practitioner (Doctor) certifying that you are still medically unfit to resume duty and serve your remaining notice period in the Company since all your leaves have already been exhausted. Overlook the fact that the Company has pressurized you while as long as you were serving in the Company since you have been paid appropriate salary by the Company for the period you served with them. There is a saying in Hindi : "Majbooree ka naam Gandhiji". At the utmost, the threat(s) that the Management of the Company may be giving you is that they will deduct the notice period salary for the days not served by you from your full and final settlement dues; let them do it. Inform the Company HR accordingly.

Regards,

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Answered on 12/14/15, 9:54 am


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