Teamgrouphr
Placement Consultancy
ANSHUMAN GUPTA
Traning In Behavioural Traits
Malikjs
Gm (hr)
Vkokamthankar
Asst. General Manager - Hr
Dlghr89
Head Hr - Mahindra Aerospace
Thiruhrd
Enjoy Work
Parab2007
Working
Dr Triveni
Industrial Psychology And Yoga
+7 Others

one trainee break a bond..even we have his original testimonials.. one trainee break a bond..even we have his original testimonials..
We spend lot of money on his training..and without work we paid lot..
on a very critical situation,he ignore to work..
what can we do?
please reply soon?


19th April 2010 From India, Mumbai
Hi,
Trainee
"We spend lot of money on his training..and without work we paid lot.."
1) Did you got any bond for this if so you can revoke the clauses.
2) Is there any certificates given during the training period - You may ask for the same since those have been qualified through company.
3) You can seek a legal advise to phrame letter revoking the clauses applicable in the appointment order.
With Regards,
Thiru
20th April 2010 From Germany, Herzogenaurach
hi,
Since, this is a common situation faced by all organisation, we should be smart enough to take preventive steps before such situation arise. Suppose, if we are recruiting somebody for a position which demands more expertise, he has to be given relevant training before assigning responsibilities.
If we are appointing somebody, in the appointment letter itself we can clearly mention that he/she is expected to stay with the institution for a minimum period of ---yrs. It will be like a mutual agreement and we are keeping their testimonials also as surety. Also, you can clearly say that, during the period of training or service, if they break, they have to pay a compensation.
This has to be clearly communicated to them before inducting them, otherwise the organisation will become a mere training college for others.
Regards
sreedevi
20th April 2010 From India, Kochi
If you already quote in your appointment order clearely you can claim the money for the company, to keep his original certificates is totally not accepted by the law. Have you given a notice to him, and have you started a domestic enquiry for your concern?
Please consult with your legal advisor on this issue, he will give proper advise after looking your papers and the nature of the situation.
Amh- gm hr.
20th April 2010 From India, Madras
[QUOTE=rafeec.com;1111993]one trainee break a bond..even we have his original testimonials.. one trainee break a bond..even we have his original testimonials..
We spend lot of money on his training..and without work we paid lot..
on a very critical situation,he ignore to work..
what can we do?
please reply soon?
Hi
Please try and understand that BUISNESS IS THROUGH MAN. Without people no company can flourish. If someone quits we start talking about laws/ rules bla bla bla...... but plz understand if he loves the company and feels the ownership in it he will never think of going even in bad times.

Think about it, it is a common sense unfortunately not so common.....
If he is going, bid a nice farewell so that he turns to be a network for your company. This will help your company to grow and I think that is your company's 'GOAL'.
Regards
Anshuman
9891225186
20th April 2010 From India, Delhi
  • You have already executed a bond and both parties are expected to follow the terms of bond. You can revoke the relevant clause in bond to protect your interests.
  • I am not sure practice of keeping original testimonials is legal and ethical. Seniors please give your views.
Thanks & regards

20th April 2010 From India, Pune
Hi,

I) Please initaite the following actions.

a) Prepare a legal notice through a legal advisor for claim of liquidated damages. This will cover the cost of training- travel cost, resource cost, cost of executive time. These are clearly enforceable in law.

b) If the notice is not given a proper reply then a suit can be filed for recovery of liquidated damages.

II) Some have used te term "revoking" the clauses. Please note revoking means withdrawing/ calling back the clasues. It should be invoking the clauses.

III) The comment on talking about law when the employee quits appears one sided. What do the organizations do if the aspiration of the person becomes bigger than that the organization provide? Is the employee not greedy?

Companies can not grow by bidding farewell to some one who has quit after a short stint and without contributing. Farewell is a sign of gratitude for your contribution and association for considerably fair time and not for AYA RAM AND GAYA RAM kind of people.

Kind regards

Dayanand L Guddin

HR Advisor

BOBST INDIA

Pune.
20th April 2010 From Singapore, Singapore
You can take action against him only in that way if he has signed a contract letter with you according to the rules of company if you are at right then you can go for court.
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20th April 2010 From Pakistan
dear
everyone is writing to do this thing and that thing.please let me clear you that keeping of original documentas of
someone to work for you is a criminal offence under the law.it is also unethical practice and such type of bonds may be legal in other countries but they donot have ant legal sanctionity in india
20th April 2010 From India, Delhi
Hi, I believe what Anshuman saya is very ture. I really appreciate his honest and practical thought. Regards, Namita
20th April 2010 From India, Kochi
Dear Mr. Malik,
Greetings!!!!
I agree with the point that keeping original document of any employee without his/her consent is a criminal offense.
However, i don't agree with the fact that bonds have no legal sanctity. Its true that sanctity is limited but it's there. If a company incurs expenditure by way of training on individuals, it has the right to exercise the clause. Having said that the monetary sum can be greater than the expenditure incurred. But if a company gets somebody to sign the bond and incurs no expenditure on training then the bond has no legal sanctity.
Regards
Team GroupHR

dear
everyone is writing to do this thing and that thing.please let me clear you that keeping of original documentas of
someone to work for you is a criminal offence under the law.it is also unethical practice and such type of bonds may be legal in other countries but they donot have ant legal sanctionity in india[/QUOTE]
21st April 2010 From India, Delhi
I wish to replace word revoke with the word invoke in my earlier post. Feel sorry for such a huge mistake. many thanks to Mr. Dayanand Guddin for pointing out the mistake. Thanks & regards
21st April 2010 From India, Pune
Hi,
Dear all,
I am also facing a same problem, I am working in a organisation for the last 3 yrs and i wont get sufficient increment. So I decided to leave the organisation n they signed a bond from me that I will not leave a org for a next 1 year. So plz help, its urgent.
21st April 2010 From India, Delhi
Please check the reason for breaking the bond, Please make the environment as a place where people wanted to work, taking the legal action , compelling the employee etc are the options for taking the revenge, It wont be good for the organization, If someone is unhappy please allow them to leave , other way keeping them will cause a damage to the organization
21st April 2010 From United Kingdom, Brentford
I do not think you can enforce this clause. Employment bonds are against the fundamental rights and cannot be enforced in a court of law unless some specialised jobs like pilots etc. Here i am sure the Company would have obtained bond only to retain the employee. Even if the Company has spent money on the employ it has done only in the Companys Business and commercila interest. The Best to be done is not to give much importance to such trivial issues. Further withholding the original of another employee is against the law and the employee can sue the company if he so wishes.
V A HARI
CHENNAI (TN)
21st April 2010 From Spain
Dear Rituvipin,
  • You mean, you were forced to sign a bond??
  • Please note that, you can refuse to sign a bond, if case any of the clauses in bond is not acceptable to you. You can also suggest suitable changes in the clauses and then only may sign bond only if it is acceptable to you.
  • In case any of the clauses in bond are discriminatory or one-sided, then they will not stand the scrutiny of law if challenged in court. But you need to have time and patience to prove your employer wrong in a court. As you know it is tedious process.
Thanks & Regards

22nd April 2010 From India, Pune
Dear Mallik
Try the informal networks to find the whereabouts of the employee, as the original testimonials are with U , the chances r rare that he would have joined some other company .
He must be in a critical situation (like some mishap)due to which he has lost the contact with the company. If it is so , taking legal action would be inhuman.
22nd April 2010 From India, Bangalore
Initially thanks for your detailed reply...
we gave 6 month training..we have proof vouchers
We are having his 2 year agreement and his original certificates..
his resignation letter send by courier says personal problem he want to quit.
In telephone he ask double the payment..
Threatening staffs from his political support gundas...
We are having huge headache here..
we want to punish him...
please reply......
23rd April 2010 From India, Mumbai
  • It seems trainee has left you for greener pastures.
  • It also appears to me that whatever agreement / bond is executed between you is not properly conceived and when you want to take help out of it, it is proving useless.
  • First of all please understand that, if a employee wants to leave you, you can not stop him and hold him in your organization. Only thing you can ask for is a sort of compensation from him for amount and time spent by you on his training. Moreover this compensation can be asked for only if employee leaves say within 2 years or 3 years. Moreover there has to be a specific clause to this effect in your agreement / bond.
  • You also need to back the clauses in agreement / bond by executing supporting documents such as 'Promissory Note', 'Post Dated Cheque', 'Counter Guarantee from Friend /Relative' etc.
  • You are not allowed to keep his original documents with you during his employment as well as after he leaves your services. Legally you can not hold his documents with you as confirmed by Mr. Malik.
  • Only way to punish him is by asking him to pay compensation by invoking relevant clause in agreement / bond, provided such clause exists in the agreement.
  • If he is threatening you your staff, please file a proper FIR against him in a nearest police station.
Thanks & Regards


23rd April 2010 From India, Pune
In that case he doesnt deserve any sympathy niether U can ignore him . Maintain all the relevant documents and take legal action as suggested above.Deal it tactfully. All the best
25th April 2010 From India, Bangalore
To,
Rafeec
Whatever the situaiton may be, but you cannot hold his original testimonials as it is an illegal attempt to hold anyone's original documents.
Far to Far you can send him legal notice if any clause related to training is mentioned in Appointment letter
Hope I am clear
Thanks & Regards,
Parab
25th April 2010 From India, Mumbai
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