Dinesh Divekar
Business Mentor, Consultant And Trainer
Labour Law & Hr Consultant
Sr. Hr Executive
Bharat Gera
Principal Hr Consultant
+2 Others

Hi All,
My name is Hemant working with Mid Size IT firm. At the time of joining a company, they asked me to sign the bond for 2 years which I did already. Everything was going smoothly but last month I got severe attack of Kidney Stone. Now my doc has advised me to take a rest for 3 months till the time treatment gets over.
When I showed all my medical tests to my manager, she just looked at the papers & asked me to meet HR. I went to HR & discuss my issue. Now HR is saying I have signed the bond of 2 years & before 2 years I can not leave the company & also the company is not ready sanctioned my 3 Months of leave.
I again went back to my manager and I explained what I had discussed with HR, but looks like she is aware of everything & not ready to help me out.
Now I am afraid if I put down my papers they will not accept it plus they will not approve my leave also.
Plzz suggest what should I do in this situation.

From India, Mumbai
Dear Hemant, you need to go through your employment contract. The break of contract clause is always available in each and every employment contract which you can follow.

Dear Hemant,
There is no mention in your post either about your date of joining or the length of service you've rendered so far. I think what your dire necessity at present is three months leave on medical ground and NOT resignation. If your health condition is actually so critical that you need three months rest while taking medical treatment as suggested by your Doctor, go on earned leave or leave on loss of pay on medical grounds. Either your management has to sanction the leave or if they have any suspecion, they have to refer your case to a Medical Board. After all service bonds are meant to ensure continuous service by the employee and to avoid unnecessary attrition only and therefore, no employer can compel an ailing employee to complete the bond period at any cost despite his critical health condition.If at all, it is the prerogative of the employer to extend the bond period proportionately to the extent of LLP on medical grounds availed within the stipulated two years period.

From India, Salem
Dear Hemant,
Mr Umakanthan has brought out very well that you have unnecessarily linked your sickness with the resignation from the company. Had there not been sickness then you would have continued the existing employment. What you could have asked was Leave Without Pay (LWP) and should not have discussed about resignation.
Possibly your employer's reaction became adverse because of this unwanted proposal of resignation in your approach. They might have construed it as fictitious medical grounds.
As Mr Umakanthan has suggested, you may put up application for convening Medical Board. If your employers are refusing that also then you may approach the labour officer of your area (where your company is located and not where your home is) and explain your problem. He is supposed to come to your rescue. As a concession, you may tell employer that you are ready to extend bond period by the duration that is equivalent to the length of LWP.
Dinesh Divekar

From India, Bangalore
Dear Hemant,
Why do you want to leave the job? Apply for leave for 3 months on the basis of your medical reports and join back after your recovery if you are not facing any problem in the job.
Employers adopt all sorts of bully techniques bond is also one of them. Generally bonds are illegal but without study of contents nothing can be said as there are certain situations where bonds are legal also.
Warm Regards
Bharat Gera
HR Consyltant

From India, Thane
Dear Mr.Bharat,
The employees at the time of joining simply signs the papers with out taking time / going in to the details or thinking about the consequences as the package / perks / facilities they offered might be rosy at that time and after working for some time their mindset changes and looking for alternatives.
Mr. Hemanth should have approached their Superior / HR and discussed about his illness and the treatment part and ask them to refer to their company medical officer / any referral doctor and obtain opinion. In that case the management would have explored the possibilities and might have allowed the leave with or with out pay but when it is being linked to the resignation they might have had a doubt hence might be behaving differently.
Now he should convince them for the sanction of leave assuring them that he will join after 3 months or else submit his resignation, complete the notice period part and move out instead of further rupturing the relationship.

From India, Hyderabad
Dear All,
Reference to your all valuable suggestions I went back to my HR & asked for a possible solution of 3 Months of LOP & rejoining the company after completion of my leave duration. I have told my HR to extend my Bond period for a number of days which I will remain absent in office, but again I land up with disappointment.
HR told me, that I can not proceed on LOP also because project on which I am working it's at the critical stage & three months is not a small period.
HR again had a discussion with my manager & I have received a mail from HR saying that LOP option is not feasible looking at current project scenario plus bond/contract policy can be not adjusted against LOP.
Looking at the HR & my manager behavior, I don't think I had left any other options other than talking to nearest Labour Office.
Plzz suggests if any process or procedure needs to be followed by me in order to put forth my case in front of Labour Office.

From India, Mumbai
Check the employment contract in detail definitely there can other options in case if you cannot serve the bond period.
From India, Bengaluru
Dear Hemant,
As Most of the persons has given you the better options on staying on the job and let you in the bond situation. before going to the labour Office you can talk on the last option with them. i don't know the level of work that you are doing right now. Tell the HR of the company if the Project in the important stage and then he can do the one thing allows you to work from home.
As in the case of work from home, both the parties can sustain their way. Neither Company work gone stop nor you have to be a part of office premises rules. some of the IT companies has this Liberty to their productive employee.
Shivendu Sharma

From India, Delhi
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