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gaurav (ASD)     18 June 2011

Need Experts Help

Memorandom of Understanding

Mr Gaurav Singh will be under probation for the initial 1 year from the date of joining. During the probation and subsequently 2 years after successful completion of probation period he cannot leave the job on his own wish, otherwise he would be liable to compensate the organization for the training cost of Rs. 2,00,000(Rupees two lakhs only) incurred on him, by making onetime payment.

Above is the bond signed by me and my Employer . i am working in IT firm as a software developer. I only received in house training and  I am breaking bond ?

Is in-house training(Training given by Company Employee in Company area only) is expense for the Company ? Company can claim for this training?

Are employer are liable to claim for 2 lakh  rs?

Thanks in Advance



Learning

 5 Replies

Ambika Prasad Mishra (Lawyer)     19 June 2011

Such a contract  is clearly within the bounds of law and is enforceable, subject to the condition that the amount of compensation specified therein (Rs 2 Lakh in your case) represents the maximum compensation your company can recover from you for breach of Contract. The compensation which a party at breach of contract is liable to pay to the other party is a reasonable amount which must be sufficient to recompense the loss sufferred by that party on account of the breach of the contract. It is impermissible under law to make profit under the guise of compensation for loss. Now in your case what would be the reasonable amount of compensation you would be liable to pay, depends on the facts of the case viz. salary you were recieving from the company during the period of trainning, the number of days you were under trainning, the number of days you have been put in service etc.

Kumar Doab (FIN)     19 June 2011

Learned Mr. Mishra has given valuable advice and clarified the matter. Kindly follow the advice.

The procedure followed normally by a company for conducting a training program is:

-A communication e.g. email thru internet/intranet, either direct to the employees by the concerned trainer/training head, or thru the facilitator e.g branch trainer/branch head. The subject and nature of training is mentioned, along with schedule and agenda i.e days, date, time.

In the address line email id of all participants is mentioned.

- after the training all participants are asked to submit their feedback in a format, on various parameters e.g. content, usefulness, relevance, and on the skill parameters of the trainer , who conducted the training program. The format may also include in future such training should continue or any additional parameters may be added. Usually participants are not given any time to keep copy.

Be smart and maintain a copy.

.-The trainers have to submit the formats from all participants to the superiors.

-After the training, if still, there is a query the participant can either access trainer, or fellow participants, to resolve the query.

Be smart and find your own ways to keep and maintain record of name, address, and designation etc of all participants.

-Usually for in house training the company trainer is not paid anything above salary + traveling allowance etc, and the participants are not paid extra or less salary.

Be smart and maintain your record, what was paid to you.

-Company may conduct training program to provide details about new products, features, to handle competition, etc, which may be meetings in the garb of training program.

Maintain record.

-Company may invite outside faculty to conduct training program.

Maintain record with addresses of faculty, participants.

The entire cost of the program is spent on all participants, and not on an indivisual.Company shall be required to submit bill of each item on the strength of which company shall claim an expense.

Moreover delivers results and performance, on the strength of which xompany handles business and earns profits.

You may need such data in future to contest the claims of the company.

During the 1 year of probation, and 2 years after probation, company is forecasting an expense on your training equal to Rs.2 lac. If 50 employees are hired along with you, company shall spend 1 crore on 50 employees on same designation. Then there are other employees.

How much salary you shall withdraw with in 3 years?

In future kindly consult elders in the family, competent and experienced people known to the family, lawyer/law firm before you sign on the dotted line.

In your trade majority of the companies ask for bond. Kindly be wise and choose wisely. Companies and their HR/legal cells shall bother you, if you break the bond, and you shall need data and record and help of a competent lawyer to contest the case.There are enough posts in this forum also, describing even after the bond period the employees were harassed. Number of companies forcing bonds on employees is increasing anf smart ways are adopted to coerce the employees to remain in bonded employment and  deny them their wages.

 

 

suv (D)     19 June 2011

I have prepared details and I want divorce papers in family court, suggest on it

V. VASUDEVAN (LEGAL COUNSEL)     19 June 2011

Please provide the location of the head office/branch you were employed, the number of total employees/workman engaged in the headoffice/branch.

vasudevan

gaurav (ASD)     20 June 2011

Thanx all for ur reply.................

Dear  Ambika

I was on training from 01 june 10 for 27 July 10 (It was just reading pdf which is provided by Company and easily available on net).

On 28 july 10 i was send to a client site.

my CTC is 1.96 LPA

Till now if you talk about revenue generated by me for company is 94000rs means till 2day.

still company did not confirm me as a permanent employee on paper and no appraisal process is done.

I am attaching bond copy.... with it for ur reference .............

If you require more information then do let me know

 

Please suggest me on this


Attached File : 116227 188160 32 editedbond.pdf downloaded: 168 times

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