Compulsive resignation from job on health grounds Compulsive resignation from job on health grounds

3 years ago

I was working in an edu-tech company till December 2020 as a full time employee. My heath had deteriorated due to diabetic complications and I took sick leave for three days including a Saturday which was a holiday converted into working day. The company was gearing for its product launch and it was very crucial time for them. So they intended to put me on PIP plan citing my performance issue. They also complained that I being in Bangalore prefer working from home than coming to office and my sickness is mere excuse. All though majority of my colleagues were in other city and working from home. I had shared with them all my medical reports and asked to consider the risks a diabetic has in covid times. But they offered me the alternative of resignation from my side instead of PIP and termination. In fifteen minutes my resignation was accepted without any notice period compensation. How agreeable is this legally?

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
This will depend entirely on the terms of your employment agreement. However, you have a right to claim compensation for the notice period.
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Sidhaarth

Responded 3 years ago

A.As such there is no illegalities if you had resigned and company had readily accepted your resignation.
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Anik

Responded 3 years ago

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A.Hai,
The legality of your termination depends upon the specific terms and conditions that you have agreed while entering into the employment contract. Many employment contracts state an employee can be fired without “just cause” or notice. But whether or not an employee is legally terminated without warning, it all depends on the type of job notice contract or agreement the employee is under. So kindly checkl the terms and conditions that you have agreed upon in the agreement contract.
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