Hi,
I am an IT employee and currently under 2 yr bond period (half served). I had taken medical leaves for 1 month and then joined back. I am again having medical problems and want to take more leaves but my HR is denying. What should I do, should I resign from my side as HR people are not telling clearly what they want? But then again I am under bond so cannot resign. Kindly suggest.
From India
I am an IT employee and currently under 2 yr bond period (half served). I had taken medical leaves for 1 month and then joined back. I am again having medical problems and want to take more leaves but my HR is denying. What should I do, should I resign from my side as HR people are not telling clearly what they want? But then again I am under bond so cannot resign. Kindly suggest.
From India
you can resign on the base of medical ground.just produce the medical certificate you are no longer fit to serve the organization and that's why want to resign.it doesn't make any difference either you are serving under bond or not.but the test of natural justice passed you.
From India, Nagpur
7From India, Nagpur
If you have a medical problem you can take leave and the leave can not be denied to you. If there is no leave credit then it will be leave without pay.
The company can terminate your services on account of prolonged illness by following the relevant procedure.
So I would suggest that go on leave and send a formal leave application with certificate from your doctor
From India, Mumbai
The company can terminate your services on account of prolonged illness by following the relevant procedure.
So I would suggest that go on leave and send a formal leave application with certificate from your doctor
From India, Mumbai
Advice of learned poster Saswatabanerjee is absolutely correct.
If you are sick,then the company will have to give unpaid leave.
If company is not happy with your leave,then they can terminate your services and in that case bond is not valid.
All you have to do is provide adequate and true medical certificate.
From India, Pune
If you are sick,then the company will have to give unpaid leave.
If company is not happy with your leave,then they can terminate your services and in that case bond is not valid.
All you have to do is provide adequate and true medical certificate.
From India, Pune
Dear, since you are serving bond period already accepted by you, you will have to comply with the terms of Bond / Bond period. Some companies prescribe the condition and liabilities in case you leave without serving Bond period. If there is no such condition specified therein, you may resign without any liability else your resignation will be accepted only if you satisfy the conditions laid down therein. However, if you want to resign, nothing can stop you. Acceptance of resignation depends as per terms of bond.
From India, Jabalpur
From India, Jabalpur
Hello,
At the outset let me say that breaking the bond is not good. But your case appears to be different. The employer can rightfully demand to know details of your medical problems to VERIFY if these are genuine or an EXCUSE to skip the bond!
It is better to appeal to the authorities higher than the HR, including reporting manager and represent genuineness of the problem/s that justify your ceasing to be employed. But should you be found out to have accepted employment elsewhere immediately or after a while, leading to an inference that your medical certification was fraudulent, then God help, you will carry a stigma for all future. What other consequences this may lead to can only be surmised.
It may appear rather old fashioned and therefore unpalatable to you and your well wishers at this stage but please remember that building a career on competence, facts, honesty and transparency is for more stable than anything else.
You may of course quit the job and be willing to face future on the principle of "to cross the bridge when you come to it!" It is your right to decide the most suitable course of action in your own interests.
Regards
samvedan
April 30, 2015
-------------------------
From India, Pune
At the outset let me say that breaking the bond is not good. But your case appears to be different. The employer can rightfully demand to know details of your medical problems to VERIFY if these are genuine or an EXCUSE to skip the bond!
It is better to appeal to the authorities higher than the HR, including reporting manager and represent genuineness of the problem/s that justify your ceasing to be employed. But should you be found out to have accepted employment elsewhere immediately or after a while, leading to an inference that your medical certification was fraudulent, then God help, you will carry a stigma for all future. What other consequences this may lead to can only be surmised.
It may appear rather old fashioned and therefore unpalatable to you and your well wishers at this stage but please remember that building a career on competence, facts, honesty and transparency is for more stable than anything else.
You may of course quit the job and be willing to face future on the principle of "to cross the bridge when you come to it!" It is your right to decide the most suitable course of action in your own interests.
Regards
samvedan
April 30, 2015
-------------------------
From India, Pune
I agree with Mr Samvedan and Saswatabanerjee, you must speak to higher authority with your medical advice and with other relevant details so that, you can take leave and they have have to consider your application in this regard.
Second, by doing this you dont need to think about leaving your job at your own, and which also not possible because of employment bond and conditions, hence, it is employers call whether they allow you to take leave (LWP) for the required period or release you from the bond conditions.
From India, Gurgaon
Second, by doing this you dont need to think about leaving your job at your own, and which also not possible because of employment bond and conditions, hence, it is employers call whether they allow you to take leave (LWP) for the required period or release you from the bond conditions.
From India, Gurgaon
Hi ALl,
Thank you for your valueable suggestions. My organisation already initiated absconding action against me and now I have been given a deadline to join whithin 3 days along with written proof for the absence otherwise they will collect the bond money.
From India
Thank you for your valueable suggestions. My organisation already initiated absconding action against me and now I have been given a deadline to join whithin 3 days along with written proof for the absence otherwise they will collect the bond money.
From India
Produce medical evidence of your health problems.
The company can verify the same.
If an employee is genuinely sick no one can compel him to work or join duty.
As a matter of routine when a person produces medical certificate he equally produces fitness certificate for joining duty.
From India, Pune
The company can verify the same.
If an employee is genuinely sick no one can compel him to work or join duty.
As a matter of routine when a person produces medical certificate he equally produces fitness certificate for joining duty.
From India, Pune
Generally bonds cover eventualities of termination by misconduct or otherwise. But in the instant case. he has covered half of period and thus he can negotiate his release. If employer is adamant arbitrarily, then he can show the law under section 73 and 74 of Contract Act wherein only reasonable amount can be recovered which includes expenses on traveling, training etc. Above all even the validity of bond in the context of Shops and Establishment can be challenged. Pl see threads on bond related issues.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
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Resign.txt
Right to Resign & Notice period-SCOrder (CA No.7822-2011).p df