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What to do company not allowing me to join after long leave
29-Jun-2023 (In Labour & Service Law)
Was working in a PSU. took a long leave (around 7 months) because mother was ill....informed the organisation of my inability to come to office...they denied leave...still, i went on leave...however, i kept them informed.....appeared for a few exams during the period.....reported back after mother's health was recovering...after dilly-dallying for 3-4 months, company refused to allow my joining...later, i resigned since i got selected elsewhere...now, they are asking for 3 months salary in lieu of notice period...my question : Is it legal on the behalf of the company to keep in doldrums (without pay, without work ) for 4 odd months after i had expressed my desire to join back? When i was not working, is it right for them to ask for 3 months salary since they themselves are not allowing me to serve the notice period?
This is my response to you:
1. Technically your leave should have been granted, extraordinary leave can be granted;
2. If they did not, then they have been immoral in their approach;
3. Have they taken out disciplinary action against you? Have they taken out Dismissal order against you? Do you know have they blacklisted you?
4. Was there any employment bond that you signed?
5. If you signed an bond stating that you have to serve notice period then you are bound by it;
6. If they have sent a legal notice then you must reply to the same;
7. You must also make sure they don't approach civil court for recovery and if they do engage a lawyer.
1. Technically your leave should have been granted, extraordinary leave can be granted;
2. If they did not, then they have been immoral in their approach;
3. Have they taken out disciplinary action against you? Have they taken out Dismissal order against you? Do you know have they blacklisted you?
4. Was there any employment bond that you signed?
5. If you signed an bond stating that you have to serve notice period then you are bound by it;
6. If they have sent a legal notice then you must reply to the same;
7. You must also make sure they don't approach civil court for recovery and if they do engage a lawyer.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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