Contractual job
2 months ago
My name is Ramandeep Kaur Sidhu, and I joined as an English Communication Trainer on 12th August after my interview on 11th August. I am writing to bring a matter to your attention that requires your kind consideration.
On 13th August, I requested to resign from my position due to the long commuting hours, but my request was denied. Instead, I was informed that I would need to pay three months' salary as per the terms of the contract, despite not having received any compensation. Feeling pressured, I continued in the role.
Unfortunately, the demands of the job, including the extensive commuting and the requirement to stand during class lectures, have taken a toll on my health. I have been experiencing significant health issues that make it impossible for me to continue in this position. While I appreciate the offer of accommodation in Barnala, I am unable to accept it as I have responsibilities at home, particularly taking care of my mother.
I recently sought medical advice and have been advised to rest for seven days. I am attaching the medical certificate from my doctor as proof of my condition. Given these circumstances, I am unable to fulfill the remaining 350 days of my contract.
I kindly request that you release me from my employment and return my educational documents that were withheld for verification on my joining date, 12th August.
Thank you for your understanding and consideration.
This is what I asked my employer
Their reply:Dear Ramandeep,
Thank you for informing us about your current health condition.
However, given the crucial role that teachers play during exam preparations and regular classes, we regret to inform you that we are unable to approve your leave request at this time. Your presence is essential, especially as students depend on your guidance during this critical period.
Additionally, please note that we have already accommodated several leave requests in the past. In light of this, granting further time off is not possible. If you feel that you are unable to fulfill your duties under these circumstances, we request that you review your contract and complete the exit formalities. Failing this, we may be compelled to take legal action to ensure compliance.
Looking forward to your prompt reply or joining.
Regards (Bathinda, Punjab)
From the date of your joining it appears that you fell sick from the next date post-joining. Then how the employer writes "we have already accommodated several leave requests in the past which is apparently wrong. Regretting an application of an ailing employee who sought sick leave on medical grounds amounts to unfair labour practice and a violation of natural justice. In the given scenario, serving a legal notice to the school authority, you may escalate your grievance before the higher authority of the School for a resolution in the matter. You can also escalate your grievance before the District School Inspector or the state education department for redressal of your grievance.
Vidhikarya
In case of any health problems, if your employer does not allow you to take leave or let go off the contract then you have legal rights under the labour laws. Look for provisions concerning termination, resignation, or even health-related leave in the employment contract. If the contract has provision to allow resignation within specific circumstances then you have grounds to resign without being charged. Medical leave is available to employees in accordance with the Factories Act, 1948 and other relevant laws. In that case, you have the right to tell your employer that they are being unfair in breach of the labour laws on employee protection. In case the employer continues to threaten or fails to return your educational documents, you can forward a legal notice containing details of your health complications, your doctor’s advice and your dismissal from the contract employment. If the problem is not resolved mutually, then, it can be reported under the Industrial Disputes Act, 1947. It is always wise to seek the services of a labour law attorney to safeguard your legal rights.
Hope you find this answer beneficial for resolving the dispute.