I worked with a software company in Technopark, Trivandrum, Kerala. At the time of joining, I signed a bond for two years amounting to 2 lakhs. I worked there for one year, and unfortunately, I developed spine issues and became unable to continue my job there. I requested a three-month medical leave, and they granted me leave after having me sign another document stating that I am extending my bond period. After the leave, I was unable to rejoin due to my health condition. At that time, I was in the UAE with my husband. I requested them to allow medical leave via email, but they filed a case against me. The case is currently in court, and my father holds power of attorney for the case as I am unable to attend due to my health.
Steps to Take for Legal Proceedings
I have all the necessary medical documents with me to support my reasons. What other steps should I take care of if I am not present at the time of the case hearing? Additionally, I would appreciate some suggestions regarding this case. Do you think it will be successful or not? Please assist me in addressing all aspects related to the bond breach and the legal procedures.
Regards.
From India, Kottayam
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Steps to Take for Legal Proceedings
I have all the necessary medical documents with me to support my reasons. What other steps should I take care of if I am not present at the time of the case hearing? Additionally, I would appreciate some suggestions regarding this case. Do you think it will be successful or not? Please assist me in addressing all aspects related to the bond breach and the legal procedures.
Regards.
From India, Kottayam
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Once you have entered into an agreement with a company to serve them for a period of two years, you are required to serve the said period as per the normal course. However, you are stating that after serving for one year, you applied for a 3-month leave on medical grounds. After obtaining a signature on another bond, they granted you leave for 3 months with a condition to complete the remaining one year. Upon the expiration of said leave, you sent a message from UAE requesting your management to extend the leave on medical grounds for a further period.
By that time, did you send any medical certificates supporting your claim for your alleged sickness along with your email? If you did not send any such certificates, the management may have the impression that your alleged sickness might not be genuine. Consequently, they may believe that you are seeking an extension of leave on false medical grounds to avoid the remaining notice period.
Under the given circumstances, typically, the management would need to send you a notice informing you that your request for an extension of leave was not granted. You would be expected to resume duty on or before the specified date; otherwise, it would be considered that you are absconding from duty, which could lead to termination. Following the procedure of issuing a charge sheet for unauthorized absence and conducting an inquiry, the management could terminate your services. Only then would they have the right to claim compensation from you for the unserved period of the agreement, after providing proper prior notice. If there has been no response from you until now, it may lead to further actions.
If you fail to respond to the management's communications at the address provided while you were in India, it could be a reason why the management has taken legal action by filing a suit in the appropriate court against you for the recovery of compensation due to the breach of the service agreement.
My advice to you is that if the management did not adhere to the proper termination procedures despite receiving appropriate responses from your end to their communications, you should consider seeking assistance from a labor law consultant or advocate in Kerala or any other place where you currently reside to seek justice.
Regards
From India, Hyderabad
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55By that time, did you send any medical certificates supporting your claim for your alleged sickness along with your email? If you did not send any such certificates, the management may have the impression that your alleged sickness might not be genuine. Consequently, they may believe that you are seeking an extension of leave on false medical grounds to avoid the remaining notice period.
Under the given circumstances, typically, the management would need to send you a notice informing you that your request for an extension of leave was not granted. You would be expected to resume duty on or before the specified date; otherwise, it would be considered that you are absconding from duty, which could lead to termination. Following the procedure of issuing a charge sheet for unauthorized absence and conducting an inquiry, the management could terminate your services. Only then would they have the right to claim compensation from you for the unserved period of the agreement, after providing proper prior notice. If there has been no response from you until now, it may lead to further actions.
If you fail to respond to the management's communications at the address provided while you were in India, it could be a reason why the management has taken legal action by filing a suit in the appropriate court against you for the recovery of compensation due to the breach of the service agreement.
My advice to you is that if the management did not adhere to the proper termination procedures despite receiving appropriate responses from your end to their communications, you should consider seeking assistance from a labor law consultant or advocate in Kerala or any other place where you currently reside to seek justice.
Regards
From India, Hyderabad
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16.03.15 national legal service authority complaint 240214 NIACL CMD.docx
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