Hi,
I am from India. I am an experienced person and joined a new company at a new city in this month. I have signed a Surety Bond of more then 1 Lac Rs. and given a bank cheque against the Bond of 1.5 Years. As per my appointment period my probation period is 1 month only which will end in next 10 days.
I am facing two problems in the company
1. I have suffering from stomach related problem from the day one I changed the city. I consulted to Doctor, as per doctor it happens with approx every person in this city due to water. But after 15 days there is no improvement even more weakness etc problem started.
2. Company Policies are not much appreciable in regards to employee and work environment.
Because I am unable to work so I told HR about the problem and said them that I want to leave the company. They are saying I can not leave, and leaving will be Breach of Bond and I have to pay the complete BOND amount and will not get salary.
- I have the doctor prescription copy and medicine Bills.
- I have mail to HR, In which I mentioned that I am not comfortable and don’t want to continue
Can you please guide, In a probation period is the Bond applicable to me? Do I have to pay that much of amount? Can company submit that check in Bank and if dishonored, then make Court Case against me?.
Thanks in Advance
Rakesh Kumar
From India, Jaipur
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I am from India. I am an experienced person and joined a new company at a new city in this month. I have signed a Surety Bond of more then 1 Lac Rs. and given a bank cheque against the Bond of 1.5 Years. As per my appointment period my probation period is 1 month only which will end in next 10 days.
I am facing two problems in the company
1. I have suffering from stomach related problem from the day one I changed the city. I consulted to Doctor, as per doctor it happens with approx every person in this city due to water. But after 15 days there is no improvement even more weakness etc problem started.
2. Company Policies are not much appreciable in regards to employee and work environment.
Because I am unable to work so I told HR about the problem and said them that I want to leave the company. They are saying I can not leave, and leaving will be Breach of Bond and I have to pay the complete BOND amount and will not get salary.
- I have the doctor prescription copy and medicine Bills.
- I have mail to HR, In which I mentioned that I am not comfortable and don’t want to continue
Can you please guide, In a probation period is the Bond applicable to me? Do I have to pay that much of amount? Can company submit that check in Bank and if dishonored, then make Court Case against me?.
Thanks in Advance
Rakesh Kumar
From India, Jaipur
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Dear Rajesh,
The best way is to take a long leave with the support of the doctor's prescription for the serious medical unfitness and search for another job. Once you are on the long leave, your company cannot run the show without any replacement for the post, and they will search for another candidate for the job.
You should keep pretending that you are not well and request the doctor to extend the rest for another three months. No company can wait for six months. In the meanwhile, take all the relevant X-rays, checkups, etc., and always state that your problem is not resolved and it keeps on increasing.
If your company goes for legal action, you can support with the medical unfit certificate to safeguard from legal issues. No agreement can bind you if you are not fit to do the job.
I hope this will help you if you are not interested in continuing further in the company. If you need any further clarification in detail, we can talk on the number below.
Bye. Take care!
Rameshwar
M: 0994836377.
From India, Visakhapatnam
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3The best way is to take a long leave with the support of the doctor's prescription for the serious medical unfitness and search for another job. Once you are on the long leave, your company cannot run the show without any replacement for the post, and they will search for another candidate for the job.
You should keep pretending that you are not well and request the doctor to extend the rest for another three months. No company can wait for six months. In the meanwhile, take all the relevant X-rays, checkups, etc., and always state that your problem is not resolved and it keeps on increasing.
If your company goes for legal action, you can support with the medical unfit certificate to safeguard from legal issues. No agreement can bind you if you are not fit to do the job.
I hope this will help you if you are not interested in continuing further in the company. If you need any further clarification in detail, we can talk on the number below.
Bye. Take care!
Rameshwar
M: 0994836377.
From India, Visakhapatnam
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Hi,
Thank you for your reply. Your phone number is not complete. Your suggestion is a solution that I can adopt, but at the same time, I cannot join anywhere else.
I am mainly concerned about the legal steps the company can take against me.
Regards,
Ritesh Newal
From India, Jaipur
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Thank you for your reply. Your phone number is not complete. Your suggestion is a solution that I can adopt, but at the same time, I cannot join anywhere else.
I am mainly concerned about the legal steps the company can take against me.
Regards,
Ritesh Newal
From India, Jaipur
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Dear Rakesh,
First thing you should do today: Give a stop payment to your banker for the cheque you issued to your company.
Second: Before you leave the company as Rameshwar advised you, put in for a long medical leave with the help of a doctor's certificate.
Third: Hand over the job-related items in a written format, and have it signed by your superiors.
Lastly: You should consult a labor-specialized lawyer from the city where you currently work. Otherwise, from your hometown, have him send a notice to your employer. With this action, they can only threaten employees and may not succeed in court.
All the best.
Chennai. Ibrahim
From India, Hyderabad
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First thing you should do today: Give a stop payment to your banker for the cheque you issued to your company.
Second: Before you leave the company as Rameshwar advised you, put in for a long medical leave with the help of a doctor's certificate.
Third: Hand over the job-related items in a written format, and have it signed by your superiors.
Lastly: You should consult a labor-specialized lawyer from the city where you currently work. Otherwise, from your hometown, have him send a notice to your employer. With this action, they can only threaten employees and may not succeed in court.
All the best.
Chennai. Ibrahim
From India, Hyderabad
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Dear Hi,
Please check your bond. If your bond is one-sided or either side, and if your bond is only one-sided, then the value of the bond is ZERO. If your bond is on both sides, then check for how many years the bond is valid.
At the same time, if your salary is below 10,000/-, please consult with an ESI doctor and take a long leave for rest. If your salary is 10,001/- and above, then take a long leave from the company either through email or a registered couriered application.
If none of the above ways apply, please seek assistance through the court as that type of bond is not valid. If there are any queries, please contact through mail.
Thanks,
Manoj
From India, Delhi
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Please check your bond. If your bond is one-sided or either side, and if your bond is only one-sided, then the value of the bond is ZERO. If your bond is on both sides, then check for how many years the bond is valid.
At the same time, if your salary is below 10,000/-, please consult with an ESI doctor and take a long leave for rest. If your salary is 10,001/- and above, then take a long leave from the company either through email or a registered couriered application.
If none of the above ways apply, please seek assistance through the court as that type of bond is not valid. If there are any queries, please contact through mail.
Thanks,
Manoj
From India, Delhi
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I was in a Haryana government job. I resigned after 3.5 years from the job. I have completed a 2-year probation period successfully. Now, the department is demanding 6 months' salary back according to the bond. According to the bond language, the three-year bond period starts or executes after the completion of the first two-year probation period. This means, according to them or the bond language, the first two years are probation, and the next three years are the bond period. Is it possible or justified? I think the bond must start from the very first day of the job. Please help me.
From India, Delhi
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From India, Delhi
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Legal Clarification on Severance Dues & Probation Period.PDF
Legal Notice for Breach of Notice Period .docx