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Ramesh Goyal (associate)     17 April 2012

Service bond

Sir, I am working in a branded company. Our company is sending me for a one year training in india that will be useful for me. For this I have to fill a bond of three year service after training or three lac rupees. Sir, I want to know that if the leave this company after completion of training period, than I have to pay three lac or the money that company spent on me. and what company can do if i don't pay anything.



Learning

 1 Replies

Kumar Doab (FIN)     17 April 2012

1st: it is good on your part that you have started discussing before you have signed on the dotted line. You would know it yourself and any one can tell you that if you breach agreement it shall have its legal implications. Company can chase you and pull you to court of law for recovery. You shall be entangled in litigation.

2nd: You wish to undergo training believing that the training shall add value to your resume and shall improve your employability and remuneration and demand in the market. You may find out how much you shall have to spend if you obtain this training on your own and at your expense and may be it shall cost you less than Rs. 3/lac. In ever changing world of technology, you must also evaluate in how much time this training shall become obsolete. May be that this training at the moment is useful for the company but company may shift from this module in near future. However you shall still remain under bond/service agreement and breach shall invite legal implications. Employer shall take a stand that company provided training that added to qualification and skill of the employee and company could have recovered the cost over a stretched period of 3 years. Court of law shall take a qualified view of the situation when both the parties shall present their version and evidences and proofs. Court may ask for actual expense and may order accordingly.

3rd: Company may not limit itself to filing a case for recovery but may block your settlement/ may do it leisurely, post adverse comments in your personnel file/reference checks, approach your next employer, block your gratuity etc.

4th: If you wish to take the opportunity of training, negotiate hard keeping your long term interest e.g. annual increments to be included in your appointment letter by say a corrigendum, to change the variable components in salary to part of wages, hike in salary/allowances/perks etc, to express job hours in appointment letter and make you eligible for OT in writing, provide you copy of employee rule book, certified standing orders, soft or hard copy of bond/agreement in advance and grant you say 7 days time to go thru it and agree for modifications as suggested by your lawyer. You may decline to keep your original testimonials or any FD with the company and to provide guarantor/surety.

5th: You must ask and obtain in writing actual cost of training, name/address/certification of institute, tenure of training, salary/allowances/boarding/lodging etc during training, etc. You may negotiate to arrive at a reasonable amount of training and to deduct a part of the amount of training (as agreed by you an company) so as to recover the total amount in say 6 months and let this be expressed in writing in bond/service agreement. You may negotiate and make the company agree that no non-compete clause be added in appointment letter/bond/service agreement, and even at the time of resignation.

6th: You must keep proper record of revenue and profit generated by you after obtaining training to justify if the need be.

You may take a qualified decision in consultation with elders in the family, competent and experienced well wishers, lawyer/law firm.

 


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