Respected seniors,
I have come across a problem that I can not solve, nor my immediate family members have any idea as to 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 fall on road while coming back from office and met the doctor immediately as I was having some problems as far as my hamstring is concerned. So the doctor advised me to take rest up til 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 induction program is going to be started from Monday so they can not 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 treat accordingly.
I have no idea what to do now. It would be of great helpbif anybody help me out urgently as its an urgent problem.
I know induction is going on, and I had no intention to miss that either. But I really didn't expect such behaviour from my new employer.
Please suggest me what should I do now. Please note I have already sent the medical certificate.
From India, Kolkata
I have come across a problem that I can not solve, nor my immediate family members have any idea as to 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 fall on road while coming back from office and met the doctor immediately as I was having some problems as far as my hamstring is concerned. So the doctor advised me to take rest up til 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 induction program is going to be started from Monday so they can not 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 treat accordingly.
I have no idea what to do now. It would be of great helpbif anybody help me out urgently as its an urgent problem.
I know induction is going on, and I had no intention to miss that either. But I really didn't expect such behaviour from my new employer.
Please suggest me what should I do now. Please note I have already sent the medical certificate.
From India, Kolkata
In Contract Act we call this Impossibility of Performance of a Personnel Service On Reasonable Grounds. Thus what ever agreement you have with your employer stands suspended. Hence there is no chance in the world were he can file a civil suit for enforcement of terms of contract if we presume your above stated condition is true.
Now can he terminate you, for this you need to mention your state of employment. See in 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 see Indian Labour Laws & Shram Suvidha Simplified
From India, Kolkata
180Now can he terminate you, for this you need to mention your state of employment. See in 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 see Indian Labour Laws & Shram Suvidha Simplified
From India, Kolkata
Dear Senior,
Thank you for your reply.
The location is Kolkata, West Bengal. Sorry but unfortunately I didn't understand your query regarding 'state of employment'.
As per the rule of this community I am unable to disclose the name of the company. But this is a listed company in BSE and NSE, but the group company is a privately held company dealing mostly in media sector.
I have joined there as a middle level Marketing Manager.
Please suggest me what should I do under these circumstances.
Thank you in anticipation.
From India, Kolkata
Thank you for your reply.
The location is Kolkata, West Bengal. Sorry but unfortunately I didn't understand your query regarding 'state of employment'.
As per the rule of this community I am unable to disclose the name of the company. But this is a listed company in BSE and NSE, but the group company is a privately held company dealing mostly in media sector.
I have joined there as a middle level Marketing Manager.
Please suggest me what should I do under these circumstances.
Thank you in anticipation.
From India, Kolkata
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Notice for termination of Contract Sample.doc
06b-Form VI-B (Notice of Commencement of Contract Work).pdf