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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
 



 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

 


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