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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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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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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687Furthermore, 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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Dear Ajax195,
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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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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Man, you are truly a software engineer. (Let this be as a joke :)) No offenses.
You mentioned that after repeated follow-up from your manager, you revealed your problem. If I were you, I would intimate well in advance to my manager and HR of a possible medical urgency and then proceed for an operation. It would have resolved the misunderstanding then and there itself. Nevertheless, as other members have mentioned now; 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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You mentioned that after repeated follow-up from your manager, you revealed your problem. If I were you, I would intimate well in advance to my manager and HR of a possible medical urgency and then proceed for an operation. It would have resolved the misunderstanding then and there itself. Nevertheless, as other members have mentioned now; 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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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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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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A bond does impose a legal binding in any employment contract. You should persuade your HR Manager to accept you back on rolls by condoning your period of absence, for which purpose you may produce the medical documents. Documents of hospitalization are an acceptable proof since OPD treatment/a certificate from your doctor may not justify long absence from duty.
If you have already joined somewhere else, better 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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If you have already joined somewhere else, better 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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Try to persuade your manager and HR Head of the company. As an individual, you cannot take on company heads. 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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From India, New Delhi
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Thank you, everybody,
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 alternate day about my status. I keep on telling him that some checkups are going on. I even said if I come back (before the operation) and you give me some work that must be completed in a specified duration, and due to the check-up, 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 of the operation, I told my manager I couldn't continue further, and then he did what he wanted. I wasn't asked to give anything in writing (also, a few friends said to sit at home; they wouldn't do anything), so I did.
After a month, I'd been 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'll call me later, but he didn't, and the same I did.
This is the complete scenario; now, what should I do?
From India, Thane
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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 alternate day about my status. I keep on telling him that some checkups are going on. I even said if I come back (before the operation) and you give me some work that must be completed in a specified duration, and due to the check-up, 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 of the operation, I told my manager I couldn't continue further, and then he did what he wanted. I wasn't asked to give anything in writing (also, a few friends said to sit at home; they wouldn't do anything), so I did.
After a month, I'd been 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'll call me later, but he didn't, and the same I did.
This is the complete scenario; now, what should I do?
From India, Thane
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Apparently, you have stupid friends who give you really stupid advice. You have created a problem where none was necessary.
It would have been easy for you to keep your manager and HR informed so that they would be able to take a sympathetic view.
Now, your course of action depends on your final goal. If you want to go back to work, you (or probably your parents or a senior mature guardian/relative) need to go to HR and explain that you had an eye operation and have been asked by the doctor not to work for a few months. You had informed the manager and offered to resign as you can't work in software with an eye problem. Let him explain that it will take *** months to get better and that you would love to join back if they still have a position for you. Give them the complete medical file and let them speak to the doctor if required.
Yes, let him tell the HR guys that he thinks you are an idiot for having behaved like this and not submitted things in writing or intimate the correct position. But being new to the workforce and not knowing how things work in the corporate world, please forgive him for that.
(I am assuming your doctor asked you not to leave the house yet, so you can't go personally to the office to explain this.)
On the other hand, if you are not interested in joining back, send a letter explaining your problem, the history, and give the medical certificates. Explain in the letter that you were not aware that this will incapacitate you, else you would have served your notice period earlier. Explain why you can't serve notice due to medical reasons and that it may be waived for that purpose. You can also state that you have not been able to do a handover but will be available on the phone anytime your manager wants to ask anything about your work.
Hopefully, HR will take a sympathetic view.
In the future, don't listen to your friends.
From India, Mumbai
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It would have been easy for you to keep your manager and HR informed so that they would be able to take a sympathetic view.
Now, your course of action depends on your final goal. If you want to go back to work, you (or probably your parents or a senior mature guardian/relative) need to go to HR and explain that you had an eye operation and have been asked by the doctor not to work for a few months. You had informed the manager and offered to resign as you can't work in software with an eye problem. Let him explain that it will take *** months to get better and that you would love to join back if they still have a position for you. Give them the complete medical file and let them speak to the doctor if required.
Yes, let him tell the HR guys that he thinks you are an idiot for having behaved like this and not submitted things in writing or intimate the correct position. But being new to the workforce and not knowing how things work in the corporate world, please forgive him for that.
(I am assuming your doctor asked you not to leave the house yet, so you can't go personally to the office to explain this.)
On the other hand, if you are not interested in joining back, send a letter explaining your problem, the history, and give the medical certificates. Explain in the letter that you were not aware that this will incapacitate you, else you would have served your notice period earlier. Explain why you can't serve notice due to medical reasons and that it may be waived for that purpose. You can also state that you have not been able to do a handover but will be available on the phone anytime your manager wants to ask anything about your work.
Hopefully, HR will take a sympathetic view.
In the future, don't listen to your friends.
From India, Mumbai
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