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Byom Dash (Manager product)     16 November 2012

Bond by employer for attending training out side india

Dear Sir,

I am working for a  MNC that have factory in UK. After my joining, they have sent me for training for 20days in UK and have asked me to singe a bond for 3.00 Lakhs. And that is like if I leave the company within one year the I will pay back 100% and will leave  between 1- 2 year the will pay back 50% and will  pay 30% if leave  the company between 2-3year.

Now after one and half year of the old bond, I am again traveling to UK for another training and company asking to sign me one more similar bond of 3.00 Lakhs. At this situation I cannot refuse the training as this will lead to dismissal of my current position in near future.

 

Does this bond have any legal validity? Or if the second bond is signed then, is the first bond have any validity?

 

Please advice.

Best Regards

 

Byom Dash



Learning

 4 Replies

Kumar Doab (FIN)     16 November 2012

Termination order can be stigmatic. Dismissal can mar the employability and employment opportunities and options.

This is the precisely the reason you feel that you no other option but to sign on the dotted line.

Would you feel that it shall be appropriate this time to discuss {on record} that how does the company arrive at a figure of 3.00 Lakh and 3 years, and justify it?

What was the actual cost incurred on you for 20 days training last time? Do you have itemized detail of all expenses? Was it actually a training that added to your special skills and qualification? Or was it a training that was unavoidable for the company to run its say machine?

You should keep all record so that at a given point of time and in appropriate forum you are able to defend you if required.

There should not be a situation under which an employee is ordered that he should undergo the training, sign the bond of figures decided arbitrarily by employer or he shall have to fall under the axe and face dismissal.

Once you sign employer shall claim you signed by your free will and it shall give him the right to claim as per contract and even initiate process of notices, legal notices, litigation.

The lawyer of employer and employee shall do their level best to defend the interest of their clients.

However courts shall take an informed view of the situation and take a qualified decision.

Court may feel that the visit claimed as being training was no training or for that matter training did not add to qualification or skill of the employee and company was under obligation to impart such training at its cost or the amount being claimed by employer is not reasonable and may fix a reasonable amount and then ask to apply the formulae of 100%, 50% and 30% as mentioned by you.

You may find the attachments useful.

It shall be appropriate to show your appointment letter, HR policy, employee/service rule book, and standing orders of the company, bond old and new to a competent and experienced labor consultant/service lawyer and give inputs in person. The bond may be in violation of the standing orders of the company.

Kumar Doab (FIN)     16 November 2012

You may find the attachments useful.


Attached File : 812667102 417759075 validity of employment bonds.pdf, 812667102 background paper.pdf downloaded: 161 times

Adv k . mahesh (advocate)     20 November 2012

I am also looking for the attachments which you have given and i am very much thankful to you i request you to if any related attachments forward me email: maheshkp@yahoo.com

Kumar Doab (FIN)     24 November 2012

Mr. Mahesh,

Sent at your email id.


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