LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

mandar (software eng)     27 August 2010

breach of bond for 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
 



Learning

 3 Replies

SANJAY JOIL (LAW STUDENT)     28 August 2010

To work or not to work   is a fundamental right of the person and any clause asking / forcing " to relinquish the right "  is a "contracting out".  So I think,  company has right to recover the expenses incurred on your training and  other administration expenses on your recruitment etc.  But they can't force you to work with them.  

 

Its a interesting topic ,  a need of the time... let's see what OUR EXPERTS guide us. You will definitely get proper guidance in this forum.

 

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

SANJAY JOIL (LAW STUDENT)     30 August 2010

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query