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shrutifrooty91@gmail.com
Hi,
I tried to convince them and took my medical documents but it is very sad that they did not even acknowledged my reporting. Hence I am considered absconded. Now they are not even giving me the service letter.
Can anyone tell me if I can still get a new job without service letter but showing salary slips as my experience?

From India
sushilkluthra@gmail.com
221

Even if you are under bond and having medical problems, you may resign with medical certificates. You will not be treated as absconder but the employer should relieve you with condition of recovery of appropriate bond amount. If the employer does not take any such action, file a civil suit with prayer of interim mandatory injunction to get you the relieving letter and experience letter from the employer and try to settle dues before civil court.
Thanks
Sushil

From India, New Delhi
shrutifrooty91@gmail.com
Hi sushil, kindly tell me more how I can get the experience letter thru court?
From India
sushilkluthra@gmail.com
221

As I stated earlier, you can file a civil suit for mandatory injunction paying nominal court fees to direct the employer to issue you relieving letter and experience letter. Therein pray for interim mandatory injunction to get you issued the relieving letter and experience letter. At least the employer is required to issue conditional relieving letter in respect of recovery of dues from you and the experience letter. You can contend about the reasonability and extent of the bond amount due from you under sections 73 and 74 of the Contract Act as well as their legality in the context of the Shops and Establishment Act provisions. If you happen to fall under the definition of workman defined in ID Act, similar procedings may lie but the period of getting relief may be larger.
Thanks
Sushil

From India, New Delhi
saswatabanerjee
2392

Whether you will get a new job without relieving letter will depend on the industry you are in and the company you are joining. Large companies will not be willing to give you a job. Smaller companies mostly do not bother. Of course, that is more likely in industries where your skill is in short supply or critical.

From India, Mumbai
nathrao
3131

"" Of course, that is more likely in industries where your skill is in short supply or critical."""
Practical and good advice.
It is always important to treat every job with care and do all exit formalities properly and with adequate notice.
Jumping jobs can prove troublesome.

From India, Pune
lavika yadav
102

How they can issue Absconding mail.Just keep back up of all mails and keep on replying that You are willing to work with them but your health need some rest as per doctors.Then they wont be able to terminate you on absconding grounds and either they will grant you leaves or will relieve you from services mentioning health issues.
Just keep your hands full with proofs that you dint abscond.
Gud luck

From India, Mohali
saswatabanerjee
2392

Lavika,
How long have you been in HR and how many companies have you worked for ?
What makes you say the employer CANT issue absconding letter ? Or won't be able to terminate him ?
What stops them ?
Whether it's fair is a different matter. But why won't they treat it as absconding ?
Are you expecting they will be scared of a lawyers notice ?
Or are you suggesting the employee go to court and spend a few lakhs to get the company to rectify the records ? And what ? You want a court injunction and a writ to the company to give a good background verification report in future ?

From India, Mumbai
yash555
I am working in MIDC Area. I have bond period of 2 years. 11 months i completed in organization. I have a serious helath issue on my skin after that joined company. I am suffering from so many skin problems pimples, rashes & face itiching problems every day. I am getting salary only 8000 rs & i am postgraduate student. Goin through worst condition face issue period.I changed 4 doctors. I apply all the treatment but bcz of dusty area in MIDC medicine not effect on my face. Doctor said you have allergy of dust. What to do i want to break the bond & goin to my hometown. May v where i am working city not good for my skin. Please suggest me sir.
From India, Thane
psdhingra
387

Resignation on medical ground, if supported by a medical certificate fom some specialist is possible. Bit, so far as the conditions of bind are concerned, that concerns only to the bond amount to be paid to the employer. Howver, for possibility of any let-up on account of any unforeseen circumstance, the language of bond is quite necessary to be examined before any appropriate advice can be rendered.
From India, Delhi
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