Partner - Risk Management
Legal Analyst, Hrm
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Labour Law Advocate
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30th April 2015 From India, Nagpur
The company can terminate your services on account of prolonged illness by following the relevant procedure.
So I would suggest that go on leave and send a formal leave application with certificate from your doctor
30th April 2015 From India, Mumbai
If you are sick,then the company will have to give unpaid leave.
If company is not happy with your leave,then they can terminate your services and in that case bond is not valid.
All you have to do is provide adequate and true medical certificate.
30th April 2015 From India, Pune
30th April 2015 From India, Jabalpur
At the outset let me say that breaking the bond is not good. But your case appears to be different. The employer can rightfully demand to know details of your medical problems to VERIFY if these are genuine or an EXCUSE to skip the bond!
It is better to appeal to the authorities higher than the HR, including reporting manager and represent genuineness of the problem/s that justify your ceasing to be employed. But should you be found out to have accepted employment elsewhere immediately or after a while, leading to an inference that your medical certification was fraudulent, then God help, you will carry a stigma for all future. What other consequences this may lead to can only be surmised.
It may appear rather old fashioned and therefore unpalatable to you and your well wishers at this stage but please remember that building a career on competence, facts, honesty and transparency is for more stable than anything else.
You may of course quit the job and be willing to face future on the principle of "to cross the bridge when you come to it!" It is your right to decide the most suitable course of action in your own interests.
April 30, 2015
30th April 2015 From India, Pune
Second, by doing this you dont need to think about leaving your job at your own, and which also not possible because of employment bond and conditions, hence, it is employers call whether they allow you to take leave (LWP) for the required period or release you from the bond conditions.
2nd May 2015 From India, Gurgaon
Thank you for your valueable suggestions. My organisation already initiated absconding action against me and now I have been given a deadline to join whithin 3 days along with written proof for the absence otherwise they will collect the bond money.
22nd May 2015 From India
The company can verify the same.
If an employee is genuinely sick no one can compel him to work or join duty.
As a matter of routine when a person produces medical certificate he equally produces fitness certificate for joining duty.
22nd May 2015 From India, Pune
23rd May 2015 From India, New Delhi
I tried to convince them and took my medical documents but it is very sad that they did not even acknowledged my reporting. Hence I am considered absconded. Now they are not even giving me the service letter.
Can anyone tell me if I can still get a new job without service letter but showing salary slips as my experience?
2nd June 2015 From India
2nd June 2015 From India, New Delhi
4th June 2015 From India, New Delhi
5th June 2015 From India, Mumbai
Practical and good advice.
It is always important to treat every job with care and do all exit formalities properly and with adequate notice.
Jumping jobs can prove troublesome.
5th June 2015 From India, Pune
Just keep your hands full with proofs that you dint abscond.
10th June 2015 From India, Mohali
How long have you been in HR and how many companies have you worked for ?
What makes you say the employer CANT issue absconding letter ? Or won't be able to terminate him ?
What stops them ?
Whether it's fair is a different matter. But why won't they treat it as absconding ?
Are you expecting they will be scared of a lawyers notice ?
Or are you suggesting the employee go to court and spend a few lakhs to get the company to rectify the records ? And what ? You want a court injunction and a writ to the company to give a good background verification report in future ?
11th June 2015 From India, Mumbai
3rd February 2016 From India, Thane
3rd February 2016 From India, Delhi
On the bond part, bond or agreement is generally illegal and have no legal footing. As per Supreme Court, company cannot bind an employee. However, company can only recover the amount spent on you for special training given to you, if any, through such bond or agreement.
Check my blog at www.labourlawhub.com
22nd May 2016 From India, Kolkata
13th April 2018 From India, Bangalore