Employee should consult elders in the family, competent and experienced well wishers, lawyer/ law firm before signing on the dotted line.
It is better to consult in advance than to repent later.
What is this company; a commercial or Industrial Establishment e.g IT/ITES company ……
You are in which state, and HO/redg. office of this company is in which state?
You have posted that:
-----“ During my joining they asked me to sign a bond for 2years.”
Did the company declared in job advertisement, interview call letter, during interview, offer letter that a Bond for…………months is to be signed by the selected candidate?? Do you have the copies of these docs?
Were you working with some other company before joining, and did you resign before joining and had no option but you join under bond?
----‘ 5 days after joining i got jaundice, took medical leave for one month, which they gave me paid leave. “
Where did you contract jaundice and what could be possibly the reason? Jaundice is primarily water borne……………you might have acquired it in office due to unhygienic water, food/snacks in canteen……..
What is it as per your doctor, Hepatitis B, A, or C and does your doctor feel that you would be alright from disease and weakness in another 2 weeks.
Does your family agree to send you back?
Did you join as probationer/trainee or confirmed employee?
Do you mean company paid you salary during period of sickness?
If yes it is good gesture by the company!!!!! It is a fairly good employer.
Has it issued and supplied pay slip?
------“ Then they replied that if i submit my medical documents, i would be getting notice period waive off. ‘
It is good gesture by the company!!!!! It is a fairly good employer.
(Your lawyer may opine that by this statement company agreed to relieve you. The communication was also aimed at to obtain proof of sickness for evaluation.)
----“ I also sent them my medical documents. And they replied that they will be providing two more weeks for my recovery and asked me to rejoin,”
Company has examined documents pertaining to your sickness and feels that you would recover, and you may join.
-----“ they are not accepting my resignation.”
The employers are not naïve. They have realized that you want to jump the bond by providing them proof of genuine sickness, but they don’t want to relieve you from conditions of bond.
Resignation can be without permission or notice.
If the employee resigns without notice he has to compensate the employer as per terms agreed in contract of employment.
Company has not accepted the resignation.
If you do not join it may declare you absconding, or having abandoned the employment.
The company may still chase you and may issue termination in its files, notices, legal notice etc……..
However it may not succeed.
You may show job advertisement, interview call letter, offer letter, selection letter, appointment letter, contract, receipt of original certificates, training schedule/programme/agenda/attendance/assignments etc and give inputs in person along with elders in the family and sureties/guarantors who have signed on contract, to a competent and experienced labor consultant/service lawyer, understand the merits and proceed under expert advice of your lawyer.
Companies are known to include clauses in contract that damages are to be paid even if company terminates the service. Company may resort to issuing notice, legal notice and may claim that it has suffered legal injury due to violation of contract, even if it has not spent a penny on you………
However company may not succeed, even this contract is crafted just to enslave the employee and coerce and force to prostrate to tantrums of the management and have a salutary effect.
Let the opinion of your lawyer be final on all points discussed in this thread.
If our lawyer
In the meantime you may go thru the attachments.
Valuable advice of learned experts/members is sought.
