Legal Question in Employment Law in India

Employment Settlement

I was working in an MNC in Blore for 3 yrs. 1st yr basic was Rs.7,527. 2nd yr was 10,750 and 3rd yr was 11,800/-. I had Medical problem in my uterus and was advised by Doctor to take complete rest and was also instructed proper care and attention. I informed to my Manager and he sanctioned me leave. Subsequently they asked me to join work as it affected the dept. Again i joined and was falling sick and my husband who was working in Bahrain asked me to come over. He spoke to the Manager and the Manager agreed to give more leave and persuaded me not to resign and In case I get better I can join back work. I could not continue working and i had put in my papers by e-mail and tendered resignation in May 2007. I wrote to HR dept several times and they didnt reply for 10 months. Recently when i wrote to them, they asking me to pay Rs.32,000/- as final settlement for not serving notice period

1) Am i allowed to resign on valid Medical grounds without serving my notice period.

2) Arent they supposed to give me a clear picture immediately?

3)Can i claim my PF? How much will it work out to be?

4) If i take legal action, how much will it cost me and how much will I be able to claim?

5) Does Indian law protect women on medical ground?


Asked on 10/01/08, 2:47 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Employment Settlement

Your and your employer's legal status is not clear from your staement - if your employer is an 'Industry' and you were a 'workman', you may approach the authorities in Labour Department for settlement of your dispute.

Otherwise,you will need to file a civil suit which may take much longer.

It is better to settle the matter amicably or approach the local "Lok Adalat" at District level.

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Answered on 10/01/08, 9:06 am


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