This matter has been dealt with in details by courts and has been discussed repeatedly in this forum. On the job learning, being taught by existing staff, etc does not count for training with reference to the service bond. Only amount actually spent on training will count.
Since you have had no formal training provided by the company, the service bond is invalid. Your bond it's self talks of training. Since the training was not given, there is no consideration for the bond and it can not be implemented.
Google and you will get details of court decisions in this.
From India, Mumbai
2383Since you have had no formal training provided by the company, the service bond is invalid. Your bond it's self talks of training. Since the training was not given, there is no consideration for the bond and it can not be implemented.
Google and you will get details of court decisions in this.
From India, Mumbai
Dear Ankita / saswatabanerjee,
I today had discussion with my senior HR who says...
We have consulted our legal team who told that Training refers to "The doamin knowledge and skills i would have aqcuired by working for the past one year
and it does not specifically mean classroom technical training.
They said that i would have become productive and billable only after a month and hence that one month would be considered as training period.
My reply was...I did not get trained even during the non-billable time but got only teo or three shor timed Knowledge transfers .
They did not give me straight forward replies ....
Finally my HR said -Iam telling this for your own good,you may go to court but it would take time and its not good for you as you have just started your career.
he added.........send a mail to your manager and he shall bring it to us,we cannot talk direcly to you.
May i file a case in the labor court ?.
From India
I today had discussion with my senior HR who says...
We have consulted our legal team who told that Training refers to "The doamin knowledge and skills i would have aqcuired by working for the past one year
and it does not specifically mean classroom technical training.
They said that i would have become productive and billable only after a month and hence that one month would be considered as training period.
My reply was...I did not get trained even during the non-billable time but got only teo or three shor timed Knowledge transfers .
They did not give me straight forward replies ....
Finally my HR said -Iam telling this for your own good,you may go to court but it would take time and its not good for you as you have just started your career.
he added.........send a mail to your manager and he shall bring it to us,we cannot talk direcly to you.
May i file a case in the labor court ?.
From India
1) What is employment bond?
The employment bond is basically an agreement which the company and the employee enter into which among the other terms contained therein states that in consideration of the training given to the employee and the money spent by the company in imparting such training, the employee will remain in the services of the company for a particular period.
Source: Employment Bond: Enforceable Or Unenforceable? | Law Teacher
FOr such case, I believe if your company states they've trained you and hence you're liable to the bond breakage charge, ask them to share with you copies of the training costs that they've incurred.
===
Further in the said source it is added that -
"A case where the company has spent a lot of time and money in training the Employee in return for which the Employee signs a bond for a period of 1 year would be seens as a reasonable restriction. The same however cannot be in a case where the company without giving any consideration requires the Employee to sign a bond"
I believe this clarifies further that since you have obtained no training from the company, and as your manager or trainer or whoever responsible told you and can further endorse that you've been productive in a month's time unlike others who were given training and can give you in writing that you have recieved zero training, your case is strengthened further.
====
What you can do is -
1) First ask the person who ensured you that you were productive in least time without training. Convince him to share the report or data of your performance over the period of time and how many training sessions were given to you.
I do not think here there can be argument on sharing of data. You are seeking performance and training data of your own which I believe you have the right to.
2) Ask a legal person to draft you a mail so that it legally complies and is the warning to the company stating you can proceed further with the matter.
3) Ofcourse being a start of the career, it is difficult to manage a case and give explanation to the next employers regarding this. However, tell them you are not intersted in suiting a file. All you need is a peaceful exit. When the bond is not valid in your case, you are not obliged to pay even a single penny as no training is enforced on you.
4) DO not forget to include towards the end that you wish not disturb the peaceful proceeding of either them or yours if they are willing to relieve you peacefully and agree to the fact that you are not bounded by the agreement that you signed. If however, the company forces you to pay the bond amount, you have no other option but to seek legal aid.
I am sure the lawyer will draft you a letter in the proper language taking into consideration the legal obligations as well as liability.
All the best.
From India, Mumbai
The employment bond is basically an agreement which the company and the employee enter into which among the other terms contained therein states that in consideration of the training given to the employee and the money spent by the company in imparting such training, the employee will remain in the services of the company for a particular period.
Source: Employment Bond: Enforceable Or Unenforceable? | Law Teacher
FOr such case, I believe if your company states they've trained you and hence you're liable to the bond breakage charge, ask them to share with you copies of the training costs that they've incurred.
===
Further in the said source it is added that -
"A case where the company has spent a lot of time and money in training the Employee in return for which the Employee signs a bond for a period of 1 year would be seens as a reasonable restriction. The same however cannot be in a case where the company without giving any consideration requires the Employee to sign a bond"
I believe this clarifies further that since you have obtained no training from the company, and as your manager or trainer or whoever responsible told you and can further endorse that you've been productive in a month's time unlike others who were given training and can give you in writing that you have recieved zero training, your case is strengthened further.
====
What you can do is -
1) First ask the person who ensured you that you were productive in least time without training. Convince him to share the report or data of your performance over the period of time and how many training sessions were given to you.
I do not think here there can be argument on sharing of data. You are seeking performance and training data of your own which I believe you have the right to.
2) Ask a legal person to draft you a mail so that it legally complies and is the warning to the company stating you can proceed further with the matter.
3) Ofcourse being a start of the career, it is difficult to manage a case and give explanation to the next employers regarding this. However, tell them you are not intersted in suiting a file. All you need is a peaceful exit. When the bond is not valid in your case, you are not obliged to pay even a single penny as no training is enforced on you.
4) DO not forget to include towards the end that you wish not disturb the peaceful proceeding of either them or yours if they are willing to relieve you peacefully and agree to the fact that you are not bounded by the agreement that you signed. If however, the company forces you to pay the bond amount, you have no other option but to seek legal aid.
I am sure the lawyer will draft you a letter in the proper language taking into consideration the legal obligations as well as liability.
All the best.
From India, Mumbai
No, why should you file it in la our court ?
Just send them a legal notice from a lawyer who is good in this work, warning them that you will take up the matter with the labour court for harassment and false claims.
Let them approach the court if they wish
When they do so, your lawyer will need to take it up.
I would like our seniors - KK or TS to give a response to their comment that it does not only refer to classroom training
From India, Mumbai
Just send them a legal notice from a lawyer who is good in this work, warning them that you will take up the matter with the labour court for harassment and false claims.
Let them approach the court if they wish
When they do so, your lawyer will need to take it up.
I would like our seniors - KK or TS to give a response to their comment that it does not only refer to classroom training
From India, Mumbai
I sent a mail by including all your points..and got a reply from one of my senior mangers
.We had given enough on-the-job training to all the resources on both Domain and Technology. Training doesnt mean only classroom training, that is the basic information..
He himself has accepted that it was just on the job training...
I replied..
I think I am an exception because i have not had any such training till date maybe that's the reason i don't have any certificates in my learning portal.
How to proceed further?.
From India
.We had given enough on-the-job training to all the resources on both Domain and Technology. Training doesnt mean only classroom training, that is the basic information..
He himself has accepted that it was just on the job training...
I replied..
I think I am an exception because i have not had any such training till date maybe that's the reason i don't have any certificates in my learning portal.
How to proceed further?.
From India
You need to reemphasize the fact that although training includes on-the-job training in a layman's language, in actual sense as far as bonds are concerned it should a training that enhances your skills and has incurred a cost.
What cost did they incur for on-the-job training?
Secondly, as I said rather than sending it over email, go and meet a lawyer and ask him to draft this mail. He'd do so on his letter head which will have a different impact. Also it will give them an impression that you can take things further. Now since they're not getting convinced, let us first send them a legal notice via lawyer.
From India, Mumbai
What cost did they incur for on-the-job training?
Secondly, as I said rather than sending it over email, go and meet a lawyer and ask him to draft this mail. He'd do so on his letter head which will have a different impact. Also it will give them an impression that you can take things further. Now since they're not getting convinced, let us first send them a legal notice via lawyer.
From India, Mumbai
Hello,I discussed with the HR and got reply as below..
HR::We have already updated to our legal team and checked with them with your all the points .There reply is same you have to pay the amount before you leave the organisation ,otherwise you wont get any reliving documents
Me: Does that mean i have to pay Rs 1lkh even if have not attended training?.
HR yes .
HR: its not the meaning you have not attend the training .
HR: the work what r u doing currently which we gave that training then only u worked.
HR: and also we spent our billed resources to you to give the KT and training for your work.
It's very clear that i have got only on-the-job training.I am leaving abroad in two weeks for higher studies hence is it advisable to file a case on organization?.
From India
HR::We have already updated to our legal team and checked with them with your all the points .There reply is same you have to pay the amount before you leave the organisation ,otherwise you wont get any reliving documents
Me: Does that mean i have to pay Rs 1lkh even if have not attended training?.
HR yes .
HR: its not the meaning you have not attend the training .
HR: the work what r u doing currently which we gave that training then only u worked.
HR: and also we spent our billed resources to you to give the KT and training for your work.
It's very clear that i have got only on-the-job training.I am leaving abroad in two weeks for higher studies hence is it advisable to file a case on organization?.
From India
Don’t bother, list walk off If they are stupid enough to file a case, get your lawyer to take care if it. It will be settled, probably with costs in your favour
From India, Mumbai
From India, Mumbai
I will not get the experience letter of one year is it not a problem?.What do i tell my next employer about what i did from 2012-2013?.Can i claim and get my PF money without employers support?.
From India
From India
You have to tell your new employer that you do not have an experience letter
And that they tried to employ illegal and unethical means against you.
When you return from your study abroad, many of this will probably not matter.
I assume you have your appointment letter and the last salary slip, plus your resignation letter copy.
About PF, you can get your money. There are enough posting on that in this forum
From India, Mumbai
And that they tried to employ illegal and unethical means against you.
When you return from your study abroad, many of this will probably not matter.
I assume you have your appointment letter and the last salary slip, plus your resignation letter copy.
About PF, you can get your money. There are enough posting on that in this forum
From India, Mumbai
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