For the past three years, I’ve been dealing with cervical spondylosis, making it impossible for me to continue working. I had to resign in November 2015 after seven years at the company, unable to serve the two-month notice period due to my health. Despite raising the issue with senior management and seeking a leave of absence, my concerns were ignored. Now, in May, I’m trying to get my gratuity and relieving letter to find a new job. However, the company is demanding I pay back two months’ salary. It’s been five months and the situation remains unresolved, and I still have my ID card. What are my options?

Apni Law
Apni Law
Law Forum › Category: Labour & Service › For the past three years, I’ve been dealing with cervical spondylosis, making it impossible for me to continue working. I had to resign in November 2015 after seven years at the company, unable to serve the two-month notice period due to my health. Despite raising the issue with senior management and seeking a leave of absence, my concerns were ignored. Now, in May, I’m trying to get my gratuity and relieving letter to find a new job. However, the company is demanding I pay back two months’ salary. It’s been five months and the situation remains unresolved, and I still have my ID card. What are my options?
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Apni Law Staff asked 1 year ago

For the past three years, I’ve been dealing with cervical spondylosis, making it impossible for me to continue working. I had to resign in November 2015 after seven years at the company, unable to serve the two-month notice period due to my health. Despite raising the issue with senior management and seeking a leave of absence, my concerns were ignored. Now, in May, I’m trying to get my gratuity and relieving letter to find a new job. However, the company is demanding I pay back two months’ salary. It’s been five months and the situation remains unresolved, and I still have my ID card. What are my options?

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Best Answer

Apni Law Staff answered 1 year ago

Based on Indian law, you have the right to gratuity and a relieving letter despite not serving the notice period due to your medical condition. The company cannot deduct two months’ salary as your health prevented you from fulfilling the notice period. You can escalate the matter to the Labour Commissioner or file a case in the Labour Court for the recovery of your dues and a relieving letter.

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