I'm a doctor and signed a contract with a hospital for 2 years. If not satisfied either party can give a 2 month notice and leave. Had an injury to my dominant right shoulder couple of months back. Had surgery done on it and shoulder was completely immobilized for 6 weeks. After 6 weeks when I went to the Hospital to join my job they refused me to take back. No salary was paid during the time I was on bed and not being allowed to work further. Now what legal remedies are there for such a situation?
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1. In contractual job the parties are strictly governed by the term of the agreement.
2.So check the terms of payment during such contingencies.
3.in general the salary is not paid to the employee which has not reproted for work for the whole month.
4.So I do not see much hope in your case.
5. i would advise you to search for another job.
Good luck.
1) you can issue legal notice to hospital to pay your salary for period you were immobilized and for 2 months notice
2) company cannot terminate your services without giving you 2 months notice
3) they have to pay you salary if they have terminated your services
Your terms of service would be strictly governed by the contract.
Look out for any provision in the contract pertaining to absence from work due to medical emergency. The provision in the said regard if any, should be invoked in the present scenario.
Claim your salary from them for the period you were bed ridden, by means of issuing them legal notice.
Also seek compensation in lieu of notice.
1. Did you avail sanctioned leave from the company before going on leave? If the answer to this question is in negative then company can withhold your salary for the period of unauthorized leave.
2. You have no remedy if you went on leave without getting it sanctioned by the employer.
3. However, the employer has to issue you a 2 months notice before firing you, so on this limited ground you can challenge the termination.
Did you sent them a letter of intimation before leaving or did they promised you that when you will come back they will retain you on same terms and conditions?
Regards
The hospital cannot terminate your services , just like that that too even producing medical certificate for leave period.
You can first issue a legal notice demanding the reasons for ousting you and also demand to reinstate you, this can be followed by a writ petition before high court,
Thanks all the lawyers for helping me out. This website has always been wonderful. I plan to send a legal notice to get whole amount for 3 year contract period since the other party broke the contract. Also inhumane nature shown by the Hospital for not taking into consideration the disability caused to my dominant working hand is condemnable.
Thanks for your appreciation
You can contact any local lawyer for issue of legal notice