mandar (software eng) 30 August 2010

Want to leave company due to health reason

Dear All

Now i am working as a Software Enginner at pune.
In my company i am having problem in my
relieving.Actually I got Severe back pain from last 2 months.
Doctor advise me to do complete bed rest for atleast 1-2 months.
No travelling , no work, otherwise i will have serious issue with my back in future and right now i cant able to stand properly on cant walk also.
I have talked with my employer about this issue but they said that u have to come to the work , if i leave company in between i have to pay them my half CTC. As i completed only 5 months in the company.
i have also attached contract letter with my issue,
Contract is written on simple paper not on bond or stamp paper.
If i leave my company for my health issue ,will my employer can take legel action against me?.
I have all legel medical certificate for the same.
And i m not joining any other company also as i dont want to work for it indusry in the future.
please advice me on this issue as soon as posible.
I want to leave this compny ASAP with legel procedure.

Thanks & Regards
mandar

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5 Replies

adv. rajeev ( rajoo ) (practicing advocate) 30 August 2010

Issue notice to the company informing about your condition and due to that your inability to work with the company and isntruct them to settle your account. Even if your employer initiates any legal action against you, you have got good grounds to defend your self.

1 Like

SANJAY JOIL (LAW STUDENT) 30 August 2010

Dear Mandar,

Just go through this useful article

by Mr. Shiva at citeHR

https://www.citehr.com/185174-employee-bonds-getting-your-act-right.html

and

by MR.Delep Goswami, FCS, Advocate, Supreme Court of India, New Delhi., available at

https://yedhulaprakash1.lawyersclubindia.com/forum/files/2_2_negative_covenant_in_contract_of_employment_1_.pdf

1 Like

Pratheep Kumar (Asst. Manager - HR) 31 August 2010

Mr. Mandar

Based on the medical grounds an employee can relieved from the services with immediate effect without serving any notice period / notice pay.

The terms and conditions of your employment order stating that you have to pay 6 months of your CTC if you reliving services within a year. The bond amount should be based on the amount spent for your training / development by the employer or else the employer cannot simply insist employee to pay the bond amount.

You may submit your medical certificates along with your resignation letter. You may get relieved at any time based on the medical grounds. You employer will not have any hold to take any legal action against you.

Regards

Pratheep Kumar. R

1 Like

Deepak Kumar Vasudevan ((Confidential)) 03 September 2010

I was reading through the offer letter. What a daylight robbery?

************************

You are expected to work with the company for a minimum period of 1 year from date of appointment. If you decide to leave the company before the completion of this tenure, you agree to pay the company 6 months of your CTC salary at the time of leaving. If during this time, your services are found inadequate, the company may terminate your services with 2 months notice in writing after the completion of 1 year, or payment of Basic Salary or notice in lieu thereof, if acceptable to the company. If you are in moral breach period or Basic Salary on lieu of that.

************************

I think the following clauses should help:

That absence for a continuous period of eight days without prior approval of your superior, (including overstay of leave/training), would be deemed to be abandonment of employment by you and your service with the company shall automatically come to an end without any notice or intimation.

(and)

That the management shall have the right to require you to subject yourself at any time during employment with the company to medical examination, if you are not found medically fit, you may be discharged at any time by giving you one month’s notice or salary in lieu thereof.

1 Like

sumanshetty (xyz) 14 October 2010

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