What Should I Do If I Resigned Due to Medical Reasons on the First Day and Now the Company Wants 15 Days Salary or Notice Period?

As a recent hire in India, you may have encountered a common dilemma: leaving a job on your first day due to medical reasons and now being required to pay 15 days salary or serve the notice period. This situation often arises when employment terms are not honored, and the company seeks to recover unpaid salary or service time.

The Legal Framework and Your Obligations

According to the laws in India, your letter of appointment typically mandates that you serve a notice period or pay in lieu thereof. This clause is binding unless explicitly waived. If you do not comply, the company has the right to initiate legal proceedings against you to recover the outstanding notice pay. This principle is rooted in upholding the terms of your employment contract.

It is crucial to understand that medical reasons alone are not sufficient to nullify your obligations unless a recognized medical practitioner has certify you as unfit for work. In such a case, your resignation may be more acceptable from a legal standpoint. However, in the absence of a medical certificate, quitting for personal reasons could lead to serious consequences.

Practical Steps to Take

Given the current situation, you should prioritize your personal health and well-being. Absconding, while an extreme measure, may be considered when the company has no company assets or documents (like a laptop) that are at risk. However, such actions are not recommended and can lead to legal troubles.

Instead, consider the following actions:

Converse with your HR: Discuss your genuine medical conditions and try to negotiate a resolution. While the decision ultimately lies with the company, HR might have more flexibility in finding a compromise.

Request for Waiver: Seek an option where you can either buy off the notice period or forgo your salary during the notice period. This approach might be more amenable to your situation.

Remember, you are obligated to honor both professional and personal commitments. Explore all available options and seek assistance from your HR department or a legal advisor to navigate this complex issue.

Outcomes and Recommendations

While the company’s stance is justified, it is advisable to communicate proactively and sincerely. The following steps can help you manage the situation effectively:

Understand the clause: Review your employment letter to understand the exact terms regarding notice periods and the related obligations.

Document everything: Keep records of all communications with your HR, including emails and meeting notes. This documentation can be helpful if legal issues arise.

Consult a legal advisor: If negotiations with the company fail, consider seeking legal assistance to explore your rights and possible solutions.

In summary, while the medical situation provides some justification, complete non-compliance with the notice period could lead to legal ramifications. Engage with your employer and HR to find a mutually acceptable resolution.