Saswatabanerjee
Partner - Risk Management
Anil.arora
Administration Head
Krishan Kapoor
General Manager Hr
B K BHATIA
Director Of Company
Alwin
Hr Manager
Ajaxx195
Software Engineer
+1 Other

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Hi ,
I\'d joined a company as a Software Engineer in Apr 12 in Mumbai.Company had signed me
a 1yr bond on their letter head.After four month due to health problem means i had a
operations of my eyes because of which i cannot go for work.After frequently asked by my
manager what\'s situation is ? and even doctor said me you\'ll certainly have to take a rest
for a month and later any issue will be decided depending upon my eyes health.So I told my
manager i couldn\'t continue my job further.
Manager did his job and company terminated me after a month and declared absconded.
Now company sending me notice, saying to pay outstanding balance of Rs.12500/- due to
not serving the complete notice period.
please help me what should i do ?

From India, Thane
The very first thing is that you need to draft a letter in response of this letter by stating all the things that you were not able to join them back for a certain period and also have informed your Manager. along with all the documents of your medical treatment (Operation) and history that you have gone through. Also can have the same or say a certificate of the same by your Doctor (There would have no problem to provide you by Doctor im sure)
Further I would like to know the terms on the same stated in your Service/Employment Bond so that, you can have more appropriate answer, so please provide

From India, Gurgaon
Dear Ajax195,
From your letter it reveals that
(a) You were under a service agreement for one year
(b) You discontinued your services after 4 months on account of your eye operation
(c) You did not either submit your papers or serve the notice period
(d) You were declared absconding by your employer (during the currency of the agreement)
(e) Your services were terminated after one month
From the above, (b) to (d) goes against you whereas the following goes in your favour -
(a) Validity of the agreement signed in the Letter Head of the company
(e) Termination of your service ?
Since you have just started your career, it would be better to pay the shortfall of notice and get the relieving certificate etc from them. Always try to maintain good relations with the employers. Further, whatever may be the reason, always give proper notice to your employer while switching over to another job.
All the best!

From India, Jaipur
Man, you are truly a software engineer. (Let this be as a joke :))
No offences.
You mentioned that after repeated followup from ur manager, then you revealed your problem.
If I were you, I would intimate well in advance to my manager AND HR of a possible medical urgency and then proceed for an operation. It would have killed the misunderstanding then and there itself.
Nevertheless as other members have mentioned now; post operation a doctors medical certificate will indeed go in support of you.
See if you can request the HR to consider the medical nature of your reason of absence and mark it as leave without pay, cancel the notice; while they still reinstate you.
The company is right at its standpoint. It is up to you now how to amicably settle this dispute.
Regards,

From India
Hi Ajax...
As Gopal said, it is alwasy a good thing to give sufficient notice and make sure to smooth-en the exit process.
If you are unable to provide such notice, meet them in-person and show all the proof's and reason's why you were not able to work and why you will not be able to continue.
A simple visit can bring you back harmony between you both, and the problem will be resolved. And yes if you haven't given proper notice, it is your fault.
All the best!
Thanks
Alwin

From India, Bangalore
A Bond does impose a legal binding in any employment contract. You should persuade your HR Manager to accept you back on rolls by condoning your period of absence, for which purpose you may produce the medical documents. Documents of hospitalization are an acceptable proof since OPD treatment/ a certificate from your doctor may not justify long absence from duty.
If you have already joined somewhere else, better pay off the amount since you are at fault & a legal notice from your employer is fully justified.

From India, Delhi
Try and persuade your manager and HR Head of the company, as an individual you can not take company heads on. If the medical problems are genuine company will definitely take a humanitarian approach, if your have already joined a company better pay the notice period and get clearance and relieving letter from the company.
From India, New Delhi
Thank you everybody,

I would like to clear that i didn't joined anywhere,I'm just sitting at my home.

My Manager call me everyday or alternate day about my status,I keep on telling him that some checkups are going on.Even I said if i come back (before operation)and you give me some work that must be completed in specified duration and due to check up i skip few days than respective work will be delayed that will be not good for me and even for him,he agreed.

During checkup they put some eye drop cause of which i couldn't see things near for 2-3 days than again after a week i have to go for the same(check up took apprx a month).After getting confirm date of operation i said manager i couldn't continue further then he did what he wanted.I wasn't asked to give any thing in writing(also my few friend said to sit at home they won't do anything) so i did.

After a month I'd been declared absconded and received termination letter.I guess at the end of second month HR send me the payment notice.(12th nov)I called him once he said me to pay,I told during notice period it was impossible for me to serve company then he said later he'll call me but he didn't and the same i did.

This is the complete scenario now what should i do.

From India, Thane
Apparently you have stupid friends who give you really stupid advice.

You have created a problem where none was necessary.

It would have been easy for,you to keep your manager and hr informed somthatnthey would be able to take a sympathetic view.

Now, your course of action depends on your final goal

If you want to go back to work, you (or probably your parents or a senior mature guardian / relative) need to go to hr and explain that you and an eye operation and have been asked by the doctor not to work for a few months, that you had informed the manager and offered to,resign as you cant work in software who eye problem.

Let him explain that It will take *** months to get better and that you would love to join back if they still have a position for you. Give them complete medical file and let them speak to the doctor if required

Yes, let him tell the hr guys that he thinks you are an idiot for having behaved like this and not submitted things in writing or intimate correct position, but being new to the work force and not knowing how things work in corporate world, please forgive him for that.

(I am assuming your doctor asked you not to leave the house yet, so u can't go personally to the office to explain this)

On the other hand, if you are not interested in joining back, send a letter explaining your problem, the history and give the medical certificates. Explain in the letter that you were not aware that this will incapacitate you else you would have served your notice period earlier. Explain why you cant serve notice due to medical reasons and that it may be waived for that purpose. You can also state that you have not been able to do a hand over but will be available on phone any time your namager wants to ask anything about our work.

Hopefully hr will take a sympathetic view

In future don't listen to your friends

From India, Mumbai
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