I have come across a problem that I cannot solve, nor do my immediate family members have any idea how to tackle it. Since the most revered industry experts are present here, I would like to summarize my problem so that they can guide me.
I was relieved from my past employer on 28th October and then joined a new organization on 31st October. Since yesterday, I have fallen sick. I fell on the road while coming back from the office and met the doctor immediately as I was having some problems with my hamstring. The doctor advised me to rest until the 8th. Meanwhile, I was asked to do some diagnosis.
Today, I scanned the medical certificate and sent it to my new employer requesting leave. I know I'm on probation and I'm not entitled to leaves, but I guess leave without pay is possible under such circumstances.
However, my company has replied that the induction program is going to start on Monday, so they cannot grant me leave; hence, I have to report immediately. But I'm literally not in a condition to move out of bed or walk properly.
I have explained that to my employer, but they are saying that they have not approved my leave, so if I don't join back, they will treat me as absconding and then act accordingly.
I have no idea what to do now. It would be of great help if anybody could help me out urgently as it's an urgent problem.
I know the induction is going on, and I had no intention to miss that either. But I really didn't expect such behavior from my new employer.
Please suggest what I should do now. Please note I have already sent the medical certificate.
From India, Kolkata
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I was relieved from my past employer on 28th October and then joined a new organization on 31st October. Since yesterday, I have fallen sick. I fell on the road while coming back from the office and met the doctor immediately as I was having some problems with my hamstring. The doctor advised me to rest until the 8th. Meanwhile, I was asked to do some diagnosis.
Today, I scanned the medical certificate and sent it to my new employer requesting leave. I know I'm on probation and I'm not entitled to leaves, but I guess leave without pay is possible under such circumstances.
However, my company has replied that the induction program is going to start on Monday, so they cannot grant me leave; hence, I have to report immediately. But I'm literally not in a condition to move out of bed or walk properly.
I have explained that to my employer, but they are saying that they have not approved my leave, so if I don't join back, they will treat me as absconding and then act accordingly.
I have no idea what to do now. It would be of great help if anybody could help me out urgently as it's an urgent problem.
I know the induction is going on, and I had no intention to miss that either. But I really didn't expect such behavior from my new employer.
Please suggest what I should do now. Please note I have already sent the medical certificate.
From India, Kolkata
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Impossibility of Performance in Employment Contracts
In the Contract Act, we refer to this as the Impossibility of Performance of a Personnel Service on Reasonable Grounds. Thus, whatever agreement you have with your employer stands suspended. Hence, there is no chance in the world that they can file a civil suit for the enforcement of the terms of the contract if we presume your above-stated condition is true.
Termination and State-Specific Employment Laws
Now, can they terminate you? For this, you need to mention your state of employment. In the Shops and Establishment Act of many states, there is a Reasonability Clause. This means employment can be terminated on reasonable grounds. For example, see this https://shopsandestablishmentactsind...taka-Must-Know.
So kindly mention your state and visit Indian Labour Laws & Shram Suvidha Simplified.
Regards
From India, Kolkata
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180In the Contract Act, we refer to this as the Impossibility of Performance of a Personnel Service on Reasonable Grounds. Thus, whatever agreement you have with your employer stands suspended. Hence, there is no chance in the world that they can file a civil suit for the enforcement of the terms of the contract if we presume your above-stated condition is true.
Termination and State-Specific Employment Laws
Now, can they terminate you? For this, you need to mention your state of employment. In the Shops and Establishment Act of many states, there is a Reasonability Clause. This means employment can be terminated on reasonable grounds. For example, see this https://shopsandestablishmentactsind...taka-Must-Know.
So kindly mention your state and visit Indian Labour Laws & Shram Suvidha Simplified.
Regards
From India, Kolkata
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Thank you for your reply. The location is Kolkata, West Bengal. I'm sorry, but unfortunately, I didn't understand your query regarding the 'state of employment.' As per the rules of this community, I am unable to disclose the name of the company. However, this is a listed company on BSE and NSE, but the group company is privately held and deals mostly in the media sector. I have joined there as a middle-level Marketing Manager.
Please suggest what I should do under these circumstances.
Thank you in anticipation.
From India, Kolkata
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Please suggest what I should do under these circumstances.
Thank you in anticipation.
From India, Kolkata
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