Respected seniors,
I have come across a problem that I cannot solve, nor do 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 fell on the road while coming back from the office and met the doctor immediately as I was having some problems with my hamstring. The doctor advised me to take rest until the 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 the induction program is going to be started from Monday so they cannot 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 help if anybody could help me out urgently as it's an urgent problem.
I know the induction is going on, and I had no intention to miss that either. But I really didn't expect such behavior from my new employer.
Please suggest to me what I should do now. Please note I have already sent the medical certificate.
From India, Kolkata
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I have come across a problem that I cannot solve, nor do 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 fell on the road while coming back from the office and met the doctor immediately as I was having some problems with my hamstring. The doctor advised me to take rest until the 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 the induction program is going to be started from Monday so they cannot 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 help if anybody could help me out urgently as it's an urgent problem.
I know the induction is going on, and I had no intention to miss that either. But I really didn't expect such behavior from my new employer.
Please suggest to me what I should do now. Please note I have already sent the medical certificate.
From India, Kolkata
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In the Contract Act, we call this Impossibility of Performance of a Personnel Service on Reasonable Grounds. Thus, whatever agreement you have with your employer stands suspended. Hence, there is no chance in the world where he can file a civil suit for the enforcement of terms of the 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. In the 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 visit Indian Labour Laws & Shram Suvidha Simplified.
From India, Kolkata
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186Now, can he terminate you? For this, you need to mention your state of employment. In the 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 visit Indian Labour Laws & Shram Suvidha Simplified.
From India, Kolkata
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Dear Senior,
Thank you for your reply. The location is Kolkata, West Bengal. I'm sorry, but unfortunately, I didn't understand your query regarding the 'state of employment'. As per the rules of this community, I am unable to disclose the name of the company. However, this is a listed company in BSE and NSE, but the group company is a privately held company dealing mostly in the media sector. I have joined there as a middle-level Marketing Manager.
Please suggest to me what I should do under these circumstances.
Thank you in anticipation.
From India, Kolkata
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Thank you for your reply. The location is Kolkata, West Bengal. I'm sorry, but unfortunately, I didn't understand your query regarding the 'state of employment'. As per the rules of this community, I am unable to disclose the name of the company. However, this is a listed company in BSE and NSE, but the group company is a privately held company dealing mostly in the media sector. I have joined there as a middle-level Marketing Manager.
Please suggest to me what I should 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