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Rahul Lahiri (Lawyer)     10 October 2012

Nursing bond

    I would like to enquire the legality of a Service Bond with a student during her training in a Private Nursing School, that she would be serving in our hospital for a minimum tenure of 3 years. In case the same is illegal/ unconstitutional vide the INC Circular as attached herewith, please comment on the best possible alternative which the Company can avail.  

     I would also need a legal opinion from you as to the elimination of a student from  Nursing Training , since the student has been detected with Epilepsy / severe Nervous problem. Please justify by means of any relevant case laws.



 1 Replies

Kumar Doab (FIN)     12 October 2012

What is the ground for Bond?

The student must have been paying fee for the course and might also be doing work in the hospital without any wages.

Epilepsy is curable and be checked/controlled by medication, counseling, care.

It is felt that under stress/depressing circumstances, some medical conditions may aggravate, and patient may start throwing/get seizures.

It is not disclosed that what are these “severe Nervous problem” the student is suffering from?

However epilepsy and these may not be from contractible group of diseases.

Won’t it be fair if the student be provided access to proper medical care? Many of the institutions collect amount in the fee for buying group insurance/health insurance policy, if your institution has also collected such fee, provide the I. Card to the student and let the student consult a Neurologist. Or you may advice the student to consult the Neurologist and help to take medication.  

The union has already served circular depicting its intentions.

In case of a wrong decision at your end you may find them breathing down your neck.

You may take a business like decision and avoid confrontation.

Media is sensitive to such issues and you may avoid exposure.

If regulators are chased by the union you may find them chasing you and your license.

 


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