Anil.arora
Administration Head
Janarthanan .v
Human Resource Business Partner
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+3 Others

Thread Started by #navrddy

Dear Experts,
I,am working in reputed company in india
This year they have sent me Onsite on the pretext of training. and they have taken service agreement for this. Eventhough, orally i have requested them not to send me.
The fact is, there was never any training. in onsite. Service agreement period lockin of 2 years. Now if there is no traning given to me, is the service agreement legally valid. Can i come out of service agreement. ? without paying violation amount.
I agree company has spent on air-tickets for my travel.
I was made to work during this training period onsite.
What action company legally take on me.
Please kindly guide me on this topic.
25th May 2012 From Germany
Have you ever tried to speak to your immediate supervisor and the HR personnel regarding this. Are you from an Engineering Company and what kind of training you are talking about, please share more about your qualification and experience.
From how many months you are working with them?
25th May 2012 From India, Gurgaon
Hi Anil,
Thank you for your response.
I,am from engineering company. specializses in automotive components.
Training is mentioned as "specialized technical training".
I did speak about no training given to me, to my supervisor. But it seems he choose not take any action on this.
my qualification: BE.
experiance: 7 yrs.
In my company, i,am working for past 2 years.
25th May 2012 From Germany
What do you mean by Specialized Technical Training?

*For your information I have worked with India's one of biggest Automobile Industry and now working with a Multinational EPC Company

well 7 years of experience is really good experience and also you are working with them since last two years. It says you are not a fresher and must not have expectations like a FRESHER.

So far you have earn a good experience and are educated person and well aware of your work and situations, and if you really thinks that your employer teaches you more about your work and you are there just bcz of agreed terms on providing you a SPECIALISED TECHNICAL TRAINING is not good for your career. But you need to have a spark and appetizer to learn, you will automatically grab the things which can help you to do alot.

You are just worried about that you have not been provided any training by them but now i wanna ask you a question what you have learn in these two years that you have spent with them and with your total 7 years of experience.

I beg your pardon but i just wanna say that you must not be worried about service agreement or anything like but need to be more effective and efficient on your work, so that, you can be a asset for them and for your future employer. And when you will stand on these terms will automatically be a more successful personnel and every employers wants the same and always demands.

Second, you said that you already have spoken to your Supervisor but found not positive response, then what you did subsequently. what about to proof yourself as a LEARNER?

Let me say something which i personally have a strong belief and used to say "If you wanna learn something in this world, there is no need to find a teacher for that, but the teacher will find you himself"

Did you ever tried to enhance your skills with your own efforts? you know why im saying that bcz one need to take immediate action whenever found negative response with that kind of case and must not waste TIME. First you have to realize it and then take your action.

As far as concern about SERVICE CONTRACT, which has no mean for you now because you already have completed 2 years (or less) of your service contract (as you said above), it doesn't make any difference to you now.

You have spent 7 years of your working life which is a good thing. You are experienced, matured with your work and knowledgeable but if you still looking for some training by your employer then you are at wrong path but need to make your own efforts for this. Let me repeat 2 years of your SERVICE CONTRACT is over, so move on to next level.

Hope you'd take it in positive and im able to convey a message.

Best of Luck for your bright future.
25th May 2012 From India, Gurgaon
Hello Navrddy,
First & foremost, you seem to be attempting ways to beat the Bond--plain & simple--just because you seem to have got a better Offer [could be in terms of salary or designation or both].
You mention that you were made to work during this training period onsite. Obviously, you would have been paid some on-site allowance--in US$--in addition to your salary in India. Yes or No?
You haven't mentioned the period for which you were abroad--how much was it?
You also mentioned 'you have requested them not to send me'--can you pl mention why? When many professionals would grab such an overseas opportunity [be it for training or work-related], why didn't you want to go?
Also, pl note that many companies use the wording 'Training" as the reason for the overseas travel of employees--especially if such travel is of short duration--in all written documentation for different reasons. So it may not be appropriate to make judgements/conclusions based on just this premise.
Rgds,
TS
25th May 2012 From India, Hyderabad
Hi Anil,

I would like to answer to your questions,

1. Could you please let me know what do you mean by Specialized Technical Training.

Ans: There is no further definition of "specialized technical training" apart from word itself in service agreement. There is no such training provided for me in onsite.

2. well 7 years of experience is really good experience and also you are working with them since last two years. It says you are not a fresher and must not have expectations like a FRESHER.

Ans:: You are absolutely right. in-fact i discussed with them not to send me onsite. Since, i,am experiance and capable enough to learn in india itself. But they were hell bent on sending me onsite and lock me to the bond.

and told me there is no work for me in india until i go onsite. (above point 2: discussions, there is no mail proof; it is all oral discussions)

Fact of the matter, there is and never was any kind of specialized training.But forcing employee to send onsite, just for sake of locking him for period of 2 years is really bad...

3. You are just worried about that you have not been provided any training by them but now i wanna ask you a question what you have learnt in these two years that you have spent with them and with your total 7 years of experience.

Ans:I have signed service agreement 5 months back.

4. Second, you said that you already have spoken to your Supervisor but found not positive response, then what you did subsequently. what about to proof yourself as a LEARNER?

Ans:As usual , in still productive and always trying to work efficently for company in best possible way. I believe negativity should not affect my performance towards company.

5. As far as concern about SERVICE CONTRACT, which has no mean for you now because you already have completed 2 years (or less) of your service contract (as you said above), it doesn't make any difference to you now.

Ans: Point no. 3 answers to this question.

My view: The reason i raised this topic, because they have held my promotion this year for reason, they are not able to justify. For reason, they have promoted my juniors. I feel humiliated, when i asked them. They are saying "i,am among top performer"; but they are not reflecting this in my HRD cycle. This is what really worries me...I,am made target for reducing less hike and skipping promotion. just because i,am locked in for 2 years.??

Hi sateesh,

Referring your points: Below is my clarification. (answers frm me)

1. First & foremost, you seem to be attempting ways to beat the Bond--plain & simple--just because you seem to have got a better Offer [could be in terms of salary or designation or both].

Ans: Frankly, it don't have any offer. I don't intend to mislead company or desert them. The above point No. 5 (answered to Anil) is the reason.

2. You mention that you were made to work during this training period onsite. Obviously, you would have been paid some on-site allowance--in US$--in addition to your salary in India. Yes or No?

Ans: Yes. I have been onsite allowance, in-addition to my indian salary.

3. You also mentioned 'you have requested them not to send me'--can you pl mention why? When many professionals would grab such an overseas opportunity [be it for training or work-related], why didn't you want to go?

Ans For the above reason, and i am aware, that i don't need any training. I,am happy working in india;

I really thank both of you, for insights and your understanding.
26th May 2012 From Germany
Dear Navrddy,
If you signed up a service agreement it is valid. The training need not be always in the form of a class room. It can be even an exposure to a particular situation, plant, assembly line, manufacturing process etc. So company has lot of flexibility in the case. Yes, your service agreement remains valid.
28th May 2012 From India, Kochi
Dear Friend,
As per Indian Contract Act, 1972, your service agreement on SPT in abroad, is valid.
However, please clarify that have you submitted any feedback report to your employer stating that no new training skills provided. If it so, was it acknowledged by them or not?
if you have those of evidence, you can face them legally.
This is as per my understanding only about your case.
Thanks,
Jana
28th May 2012 From India, Madras
Dear janarthanan, Thanks for your inputs. I have given initial feedback to my superior through mail .(3 times) But till date.no corrective actions have taken place.
28th May 2012 From Germany
Hi friend,
Thanks for your kind reply.
See this in employer point of view.
If they say that "course design was good but you failed to catch the training knowledge. Hence its your fail".
Hence my suggestion is to settle amicably after talking with your HR.
Or Else, if you dare, ask them to send legal notice. You may reduce their actual claim by negotiation through court.
Such cases happened between one leading construction company in india vs their graduate engineer trainees.
Thanks & Regards,
Jana
29th May 2012 From India, Madras
Dear friend ,
If onsite training can expose you to more knowledge , experience and
and enhance your over all professionalism , please go ahead & have
additional training experience and if you feel that it is an attempt to
blunt your progress and waste your time you are better judge. With
your experience and exposure probably you can judge what is good
for you. Best wishes.
Aspirations
31st May 2012 From India, Bangalore
What does your contract say about the penalty if you do not comply with the service bond? Is there liquidated damages and how much? In general, Liquidated damages are enforceable if reasonable and not excessive.
13th June 2016 From Singapore, Singapore
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