Hi, I joined a company as a Software Engineer on April 12 in Mumbai. The company had me sign a 1-year bond on their letterhead. After four months, due to a health problem (I had to undergo eye surgery), I was unable to work. Despite my manager's inquiries about my situation and the doctor's recommendation for a month of rest with further decisions based on my eye health, I informed my manager that I couldn't continue the job. Subsequently, the manager took action, and the company terminated my employment after a month, marking me as absconded. Now, the company is sending me a notice requesting payment of an outstanding balance of Rs. 12,500 due to not completing the notice period. Please advise on what steps I should take.
From India, Thane
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From India, Thane
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Drafting a Response Letter
The very first thing is that you need to draft a letter in response to this letter by stating all the reasons why you were unable to rejoin them for a certain period and have also informed your manager. Include all the documents related to your medical treatment (operation) and history that you have undergone. You can also obtain a certificate from your doctor confirming the same (I'm sure your doctor will not have any problem providing this to you).
Furthermore, I would like to understand the terms stated in your service/employment bond to provide a more appropriate response. Therefore, please provide the necessary information.
From India, Gurgaon
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671The very first thing is that you need to draft a letter in response to this letter by stating all the reasons why you were unable to rejoin them for a certain period and have also informed your manager. Include all the documents related to your medical treatment (operation) and history that you have undergone. You can also obtain a certificate from your doctor confirming the same (I'm sure your doctor will not have any problem providing this to you).
Furthermore, I would like to understand the terms stated in your service/employment bond to provide a more appropriate response. Therefore, please provide the necessary information.
From India, Gurgaon
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From your letter, it is revealed that:
(a) You were under a service agreement for one year.
(b) You discontinued your services after 4 months due to your eye operation.
(c) You did not submit your papers or serve the notice period.
(d) You were declared absconding by your employer during the currency of the agreement.
(e) Your services were terminated after one month.
Among the points mentioned, (b) to (d) are against you, while the following work in your favor:
(a) The validity of the agreement signed on the letterhead of the company.
(e) The termination of your service.
Since you are at the beginning of your career, it would be advisable to settle the shortfall of notice and obtain the relieving certificate from them. It is essential to maintain good relations with your employers. Additionally, regardless of the circumstances, always provide proper notice to your employer when transitioning to another job.
All the best!
From India, Jaipur
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(a) You were under a service agreement for one year.
(b) You discontinued your services after 4 months due to your eye operation.
(c) You did not submit your papers or serve the notice period.
(d) You were declared absconding by your employer during the currency of the agreement.
(e) Your services were terminated after one month.
Among the points mentioned, (b) to (d) are against you, while the following work in your favor:
(a) The validity of the agreement signed on the letterhead of the company.
(e) The termination of your service.
Since you are at the beginning of your career, it would be advisable to settle the shortfall of notice and obtain the relieving certificate from them. It is essential to maintain good relations with your employers. Additionally, regardless of the circumstances, always provide proper notice to your employer when transitioning to another job.
All the best!
From India, Jaipur
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Man, you are truly a software engineer. (Let this be a joke ) No offense. You mentioned that after repeated follow-ups from your manager, you revealed your problem. If I were you, I would have informed my manager and HR well in advance about a possible medical urgency and then proceeded with the operation. This would have resolved the misunderstanding then and there itself. Nevertheless, as other members have mentioned, post-operation, a doctor's medical certificate will indeed support you. See if you can request HR to consider the medical nature of your reason for absence and mark it as leave without pay, cancel the notice, while they still reinstate you. The company is right in its standpoint. It is up to you now how to amicably settle this dispute.
Regards,
From India
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Regards,
From India
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Hi Ajax, as Gopal said, it is always a good thing to give sufficient notice and make sure to smooth out the exit process. If you are unable to provide such notice, meet them in person and show all the proofs and reasons why you were not able to work and why you will not be able to continue. A simple visit can bring back harmony between you both, and the problem will be resolved. And yes, if you haven't given proper notice, it is your fault.
All the best!
Thanks,
Alwin
From India, Bangalore
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All the best!
Thanks,
Alwin
From India, Bangalore
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Legal Implications of Employment Bonds
A bond does impose a legal binding in any employment contract. You should persuade your HR Manager to accept you back on the rolls by condoning your period of absence. For this purpose, you may produce the medical documents. Documents of hospitalization are acceptable proof since OPD treatment or a certificate from your doctor may not justify a long absence from duty.
If you have already joined somewhere else, it is better to pay off the amount since you are at fault, and a legal notice from your employer is fully justified.
From India, Delhi
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A bond does impose a legal binding in any employment contract. You should persuade your HR Manager to accept you back on the rolls by condoning your period of absence. For this purpose, you may produce the medical documents. Documents of hospitalization are acceptable proof since OPD treatment or a certificate from your doctor may not justify a long absence from duty.
If you have already joined somewhere else, it is better to pay off the amount since you are at fault, and a legal notice from your employer is fully justified.
From India, Delhi
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Persuading Management and HR
Try to persuade your manager and the HR Head of the company. As an individual, you cannot take on company heads alone. If the medical problems are genuine, the company will definitely take a humanitarian approach.
If you have already joined a company, it's better to pay the notice period and get clearance and a relieving letter from the company.
From India, New Delhi
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Try to persuade your manager and the HR Head of the company. As an individual, you cannot take on company heads alone. If the medical problems are genuine, the company will definitely take a humanitarian approach.
If you have already joined a company, it's better to pay the notice period and get clearance and a relieving letter from the company.
From India, New Delhi
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I would like to clarify that I didn't join anywhere; I'm just sitting at my home. My manager calls me every day or every other day about my status. I keep telling him that some checkups are ongoing. I even mentioned that if I return (before the operation) and you assign me some work that must be completed within a specified duration, and due to the checkup, I skip a few days, then the respective work will be delayed, which will not be good for me or for him. He agreed.
During the checkup, they put some eye drops, causing me not to see things near for 2-3 days. Then, again after a week, I have to go for the same (the check-up took approximately a month). After getting a confirmed date for the operation, I told my manager I couldn't continue further, and then he did what he wanted. I wasn't asked to provide anything in writing (also, a few friends advised me to sit at home; they wouldn't do anything), so I did.
After a month, I was declared absconded and received a termination letter. I guess at the end of the second month, HR sent me the payment notice (12th Nov). I called him once, he said to pay. I told him during the notice period it was impossible for me to serve the company. Then he said he'd call me later, but he didn't, and I did the same.
This is the complete scenario; now, what should I do?
From India, Thane
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During the checkup, they put some eye drops, causing me not to see things near for 2-3 days. Then, again after a week, I have to go for the same (the check-up took approximately a month). After getting a confirmed date for the operation, I told my manager I couldn't continue further, and then he did what he wanted. I wasn't asked to provide anything in writing (also, a few friends advised me to sit at home; they wouldn't do anything), so I did.
After a month, I was declared absconded and received a termination letter. I guess at the end of the second month, HR sent me the payment notice (12th Nov). I called him once, he said to pay. I told him during the notice period it was impossible for me to serve the company. Then he said he'd call me later, but he didn't, and I did the same.
This is the complete scenario; now, what should I do?
From India, Thane
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Apparently, you have friends who might have given you unwise advice, leading to an unnecessary problem. It would have been easier if you had kept your manager and HR informed, allowing them to take a sympathetic view.
Now, your course of action depends on your final goal.
If You Want to Return to Work
If you wish to return to work, you (or perhaps your parents or a mature guardian/relative) should go to HR and explain that you had an eye operation and have been advised by the doctor not to work for a few months. Inform them that you had notified your manager and offered to resign because you can't work in software with an eye problem. Let them know it will take a few months to recover and express your desire to rejoin if a position is available. Provide them with the complete medical file and offer to have them speak to the doctor if necessary.
Yes, let them know that you regret not submitting things in writing or clearly communicating your situation. Being new to the workforce and unfamiliar with corporate procedures, ask for their understanding.
(I assume your doctor advised you not to leave the house yet, so you can't personally visit the office to explain this.)
If You Are Not Interested in Returning
On the other hand, if you are not interested in returning, send a letter explaining your situation and provide the medical certificates. Explain that you were unaware of the extent of your incapacitation; otherwise, you would have served your notice period earlier. Clarify why you can't serve the notice due to medical reasons and request a waiver. Mention that you have not been able to do a handover but are available by phone if your manager needs to discuss your work.
Hopefully, HR will take a sympathetic view.
In the future, don't rely solely on your friends' advice.
Regards.
From India, Mumbai
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Now, your course of action depends on your final goal.
If You Want to Return to Work
If you wish to return to work, you (or perhaps your parents or a mature guardian/relative) should go to HR and explain that you had an eye operation and have been advised by the doctor not to work for a few months. Inform them that you had notified your manager and offered to resign because you can't work in software with an eye problem. Let them know it will take a few months to recover and express your desire to rejoin if a position is available. Provide them with the complete medical file and offer to have them speak to the doctor if necessary.
Yes, let them know that you regret not submitting things in writing or clearly communicating your situation. Being new to the workforce and unfamiliar with corporate procedures, ask for their understanding.
(I assume your doctor advised you not to leave the house yet, so you can't personally visit the office to explain this.)
If You Are Not Interested in Returning
On the other hand, if you are not interested in returning, send a letter explaining your situation and provide the medical certificates. Explain that you were unaware of the extent of your incapacitation; otherwise, you would have served your notice period earlier. Clarify why you can't serve the notice due to medical reasons and request a waiver. Mention that you have not been able to do a handover but are available by phone if your manager needs to discuss your work.
Hopefully, HR will take a sympathetic view.
In the future, don't rely solely on your friends' advice.
Regards.
From India, Mumbai
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Legal Notice for Breach of Notice Period .docx