Employment Related Issue
5 months ago
I had to take emergency leave due to Medical Issues (I had to undergo surgery). The same was approved by my Manager which was later told that Top Management had to approve the same. Everything is documented including the information i have sent with medical records to my manager & HR. This was in the month of June 2023. As i did not recover by July 2023 (Leave Approval last Date) i had to request for extension of leave, which was neither approved or declined. There was not written communication from any of the company officials. Subsequently i resigned on August 22, 2023 and the resignation was immediately approved. I had requested for waiver of Notice which was neither approved or rejected. Till date they have not responded to any of the mails. Orally they asked me to pay 3 months notice period, which was later brought down to one month. November 22, 2023 is my last day of notice period. There is no written confirmation from the company's side with regards to my resignation. I offered to serve the notice period as i am not in a position to pay them the notice period. They have with held my 18 days Salary, original Marks Sheet and not at all responding to any of my mails. My salary slip is generated every month. What are options available to me ?
Ensure you have a record of all communications, including emails, letters, and any other documentation related to your medical leave, leave extension, resignation, and notice period. This documentation can be crucial if the matter proceeds legally. If you had requested a waiver of the notice period and there has been no response from the company, it's important to clarify the status of this request, preferably in writing. If the company has withheld your salary and documents, this may be a violation of your rights. Consult with your lawyer to understand the legal remedies available to you in this situation. Review your employment contract, company policies, and relevant labor laws applicable in your jurisdiction. Your lawyer can help you understand how these documents and laws impact your situation. If necessary, your lawyer may send a legal notice to the company outlining your grievances and seeking resolution. This formal communication can sometimes prompt the employer to address the issues.
An employee who compels to tender his or her resignation on the ground of medical unfitness which was already approved by employer/company can neither force an employee to serve notice period nor demand pay in lieu of notice nor can withheld F & F dues. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over unfair labour practice. Apart you can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming F & F settlement dues from your employer. Otherwise, you have to file a civil suit against the company for recovery of your dues and appropriate relief. In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
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