Legal Question in Employment Law in India

Hi,

I am working for an MNC since 3.5 years. A year ago, I had signed an agreement of 2 lakhs for H1B visa processing which holds for the duration of 2 years. Bond is invalid only if the visa gets rejected. Recently i became ill and I am under bed rest.

I asked my company and got medical leave for 3 months. After 3 months, there was no improvement in my health and I was uncertain about my joining date. Hence I planned to resign under medical grounds. I had sent my resignation letter (considering my visa got rejected as I was never informed about it and also when I last inquired there was no information about its approval), within an hour I got the acceptance mail and relieving date as the very next day.

To my wonder, HR person had called me and said that my visa has got approved (bond is active) and asked me to pay bond breaching amount (I don�t hold the visa on my passport, only the application has been approved). I couldn�t afford this amount. Hence, I had decided to rejoin the company after 2 months and requested them to write-off my resignation & extend my medical leave for another 2 months.

HR people never responded to this. Rather they are forcing me to complete the exit formalities by paying the bond breaching amount otherwise they will proceed legally.

Please advice on this and help me in taking right decision at the earliest.

Also, please let me know how far this bond could affect me/my guarantee legally.

Thank you in advance.

Regards,

Sam


Asked on 4/01/10, 5:23 am

1 Answer from Attorneys
Rajneesh Malhotra Malhotra Advocates

You are on a strong legal footing. The company is just trying to exploit your situation. I suggest that you write a strong letter , listing out all the facts as they happened.

Dont forget to send a copy of the letter to the highest authority in the company (MD/CEO)by REGISTERD post.

Point out the un-ethical way the department is trying to harass you.

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Answered on 4/02/10, 2:28 am


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