Saswatabanerjee
Partner - Risk Management
Anil.arora
Administration Head
Psdhingra
Legal Analyst, Hrm
Lavika Yadav
Manager-hr
Samvedan
Consultancy_hr & Ir
Riteshmaity
Labour Law Advocate
Sushilkluthra@gmail.com
Consultant In Legal Matters
Ravibele
Hr Executive
Yash555
Marketing Executive
+2 Others

Thread Started by #shrutifrooty91@gmail.com

Hi,
I am an IT employee and currently under 2 yr bond period (half served). I had taken medical leaves for 1 month and then joined back. I am again having medical problems and want to take more leaves but my HR is denying. What should I do, should I resign from my side as HR people are not telling clearly what they want? But then again I am under bond so cannot resign. Kindly suggest.
30th April 2015 From India
you can resign on the base of medical ground.just produce the medical certificate you are no longer fit to serve the organization and that's why want to resign.it doesn't make any difference either you are serving under bond or not.but the test of natural justice passed you.
30th April 2015 From India, Nagpur
If you have a medical problem you can take leave and the leave can not be denied to you. If there is no leave credit then it will be leave without pay.
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
Advice of learned poster Saswatabanerjee is absolutely correct.
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
Dear, since you are serving bond period already accepted by you, you will have to comply with the terms of Bond / Bond period. Some companies prescribe the condition and liabilities in case you leave without serving Bond period. If there is no such condition specified therein, you may resign without any liability else your resignation will be accepted only if you satisfy the conditions laid down therein. However, if you want to resign, nothing can stop you. Acceptance of resignation depends as per terms of bond.
30th April 2015 From India, Jabalpur
Hello,

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.

Regards
samvedan
April 30, 2015
-------------------------
30th April 2015 From India, Pune
I agree with Mr Samvedan and Saswatabanerjee, you must speak to higher authority with your medical advice and with other relevant details so that, you can take leave and they have have to consider your application in this regard.
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
Hi ALl,
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
Produce medical evidence of your health problems.
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
Generally bonds cover eventualities of termination by misconduct or otherwise. But in the instant case. he has covered half of period and thus he can negotiate his release. If employer is adamant arbitrarily, then he can show the law under section 73 and 74 of Contract Act wherein only reasonable amount can be recovered which includes expenses on traveling, training etc. Above all even the validity of bond in the context of Shops and Establishment can be challenged. Pl see threads on bond related issues.
Thanks
Sushil
23rd May 2015 From India, New Delhi
Hi,
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
Even if you are under bond and having medical problems, you may resign with medical certificates. You will not be treated as absconder but the employer should relieve you with condition of recovery of appropriate bond amount. If the employer does not take any such action, file a civil suit with prayer of interim mandatory injunction to get you the relieving letter and experience letter from the employer and try to settle dues before civil court.
Thanks
Sushil
2nd June 2015 From India, New Delhi
Hi sushil, kindly tell me more how I can get the experience letter thru court?
4th June 2015 From India
As I stated earlier, you can file a civil suit for mandatory injunction paying nominal court fees to direct the employer to issue you relieving letter and experience letter. Therein pray for interim mandatory injunction to get you issued the relieving letter and experience letter. At least the employer is required to issue conditional relieving letter in respect of recovery of dues from you and the experience letter. You can contend about the reasonability and extent of the bond amount due from you under sections 73 and 74 of the Contract Act as well as their legality in the context of the Shops and Establishment Act provisions. If you happen to fall under the definition of workman defined in ID Act, similar procedings may lie but the period of getting relief may be larger.
Thanks
Sushil
4th June 2015 From India, New Delhi
Whether you will get a new job without relieving letter will depend on the industry you are in and the company you are joining. Large companies will not be willing to give you a job. Smaller companies mostly do not bother. Of course, that is more likely in industries where your skill is in short supply or critical.

5th June 2015 From India, Mumbai
"" Of course, that is more likely in industries where your skill is in short supply or critical."""
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
How they can issue Absconding mail.Just keep back up of all mails and keep on replying that You are willing to work with them but your health need some rest as per doctors.Then they wont be able to terminate you on absconding grounds and either they will grant you leaves or will relieve you from services mentioning health issues.
Just keep your hands full with proofs that you dint abscond.
Gud luck
10th June 2015 From India, Mohali
Lavika,
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
I am working in MIDC Area. I have bond period of 2 years. 11 months i completed in organization. I have a serious helath issue on my skin after that joined company. I am suffering from so many skin problems pimples, rashes & face itiching problems every day. I am getting salary only 8000 rs & i am postgraduate student. Goin through worst condition face issue period.I changed 4 doctors. I apply all the treatment but bcz of dusty area in MIDC medicine not effect on my face. Doctor said you have allergy of dust. What to do i want to break the bond & goin to my hometown. May v where i am working city not good for my skin. Please suggest me sir.
3rd February 2016 From India, Thane
Resignation on medical ground, if supported by a medical certificate fom some specialist is possible. Bit, so far as the conditions of bind are concerned, that concerns only to the bond amount to be paid to the employer. Howver, for possibility of any let-up on account of any unforeseen circumstance, the language of bond is quite necessary to be examined before any appropriate advice can be rendered.
3rd February 2016 From India, Delhi
You can take leave on medical ground as long as you have proper medical documents to support your illness. However, I am not sure if your doctor will certify that you are not fit for professional work because of your skin issues (rashes, pimples, etc.) If the doctor certifies, then apply for leave with the said certificate. As long as you have leave, you are entitled to that, thereafter, you can go on leave without pay.
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
Even after showing valid medical documents my company ain't considering this and hence treating me as an absconder . After incessant mails they have denied to give me my original documents. They say I have to serve the notice period.what shall I do now
13th April 2018 From India, Bangalore
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