Company asking for training fees after resigning

Querist : Anonymous (Querist) 25 January 2012 This query is : Resolved
My cousin was working in a ltd company.
His offer letter stated that he may resign from the company by giving a notice period of 1 month or if he wishes to leave immediately he can do so by paying a penalty as a justification with the approval of MD)
He resigned by paying his one month salary.
There was also a clause in the offer letter saying that " During the period of appointment, you will be governed by administrative orders which may be ammended or altered or modified or extended from time to time"
after 1 month the company has passed some orders saying that a person undergoing training is not supposed to leave the company for 3 years or he has to pay the training fees.
This office order never reached the employee(my cousin).
They also started to force to sign a bond agreement of 3 years after 8 months from joining.(my cousin was not interested to sign the same)so he resigned immediately.
Now the have issued a letter stating that he should pay the training fees which is huge amount of around 4 lac.
Now can a company issue such orders without the acceptance of the employee.
The offer letter had no such bond or agreements.
Please suggest to get of all this.

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Devajyoti Barman (Expert) 25 January 2012
If the employee during his tenure accepted the power of the employer to amend the service condition or rules at its will, he later can not challenge the same.

Anyway you need not think much as the company is not going to do except sending letters for some time.

Querist : Anonymous (Querist) 25 January 2012
Now sir my question is how come a company issue a rule which involves a bond agreement kind of a thing without the approval of the employee himself. It was not at all mentioned in the offer letter.
For ex: What if the company passes an order saying that a person has to serve the company for 10 years or else he has to return all the salary, will that be valid?

Raj Kumar Makkad (Expert) 26 January 2012
Both the disputing parties are bound only by contract entered between them and subsequent conditions not communicated to the employee shall not come between them so in the given facts company cannot demand the one month salary. The notice should be suitably replied.

prabhakar singh (Expert) 28 January 2012
Nothing can be imposed are enforced between two if not agreed.

Advocate. Arunagiri (Expert) 28 January 2012
The ruling of the company will not bind the employee, if he raising his objection. At this point the employee had to take a decision either to accept the new rule and continue with the company or to not accept the new rule and leave the company.

If he leaves the company without accepting it, the company can not impose him the penalty or any other new rules.

If he continues even after the knowing new ruling, it is deemed that the employee had accepted the new ruling.

V R SHROFF (Expert) 28 January 2012
If new conditions not accepted(by signing , a written new conditions), and resigned within a month, new conditions are not binding on employee.

Querist : Anonymous (Querist) 28 January 2012
Thank you so much everyone. I would also like to add that The company was forcing him to sign the bond one day he was not even allowed to sign the daily register. They asked him to sign the bond first then they would allow him to sign on the register. The very next day he took leave and within 2 days he resigned. It is a well know company in India. Now they are sending him letters of all sorts and asking him to pay the fees. They are not providing the relieving letter.
What has to be done in this matter Sir? Hope that they wont cause problems if he joins some other company.

Company asking for training fees after resigning

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