Saswatabanerjee
Partner - Risk Management
Shah01ankita
Talent Acquisition / Consultant - Catalis
+1 Other

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I got mapped to poroject with in a weeks time of my joining.Now that i have to leave the organization they are demanding money as i have signed a service agreement.As per service agreement the company will invest on my trainings and inturn i have to work for 24months.But i have not attended any sort of training till date but just KTs.I sent them lot of emails asking them as to how can they demand money without investing on my tech trainings.I din get reply for any of my mails but instead i have been invited for a discussion along with my manager.An optional internal project training (50 hours) was provided after office hours to many in my project by one of our colleagues but i din attend this training owing to busy work schedule.But many newjoinees from my batch got trained by external vendors atleast for a month before getting into projects.May i argue that i have not attended /used any of their training services thereby indicating that they have not invested on me.?FYI..its been a year since i joined this MNC and i am a manual tester.Please provide some valid points.....
From India
You have been into this employment for 1 year.

You are bound by a service agreement of 24 months = 2 years

As per the bond you are to serve them for 2 years as against the training they'd provide you with.

You claim of not attending any training sessions in the served period.

Now in order to understand the liability part, we would need foll info as well.

1) When does your bond comes into effect? From the date of your joining, from the date of your confirmation (if you were hired on probation) or after the training has been given and you are fully into service.

2) What is the bond amount to be paid?

3) What is the payment clause stated in the bond? - Do you have to pay the bond amount even if the company terminates your employment?

4) Have they taken any form of money from you in advance against the bond?

5) How is your relationship with the manager who is to be sitting with you for further discussions?

6) What is the separation policy of your company?

7) Do you know if someone was under similar employment clause and if he broke the bond and what were the consequences?

Just an insight so that we can understand your position better and hence would be suggesting you relevant things.

From India, Mumbai
1) When does your bond comes into effect? From the date of your joining, from the date of your confirmation (if you were hired on probation) or after the training has been given and you are fully into service.

Bond comes into effect from date of joining

2) What is the bond amount to be paid?

Rs 1 Lakh.

3) What is the payment clause stated in the bond? - Do you have to pay the bond amount even if the company terminates your employment?

No i dont have to pay money if the company terminates me.As per Company policy we will be providing you further trainings to equip you with technical competence. As we look forward to your undergoing training, we also think it is important for you to understand the commitment the company is making to train you, which involves a considerable investment by CSC India. Consequently as a condition of your training, we have proposed the following.Should you voluntarily leave CSC within 24 months from DOJ, you must reimburse the company a sum of Rs 1, 00,000 as liquidated damage

4) Have they taken any form of money from you in advance against the bond?

No advance money has been taken5) How is your relationship with the manager who is to be sitting with you for further discussions?

No close relationship with manager....we smile at each other all the time

6) What is the separation policy of your company?

As per company policy we will be providing you further trainings to equip you with technical competence. As we look forward to your undergoing training, we also think it is important for you to understand the commitment the company is making to train you, which involves a considerable investment by CSC India. Consequently as a condition of your training, we have proposed the following.Should you voluntarily leave CSC within 24 months from DOJ, you must reimburse the company a sum of Rs 1, 00,000 as liquidated damage

7) Do you know if someone was under similar employment clause and if he broke the bond and what were the consequences?

No i dont know any such person...

Just spoke to a person from training department,the person says that company will not consider case by case analysis for Service agreements.We know that you have not underwent trainings.Then the person furhter quoted about return investment as below.You would have started contributing to the company only after three months of joining your project and in an year you will have learnt something from the project...all this will be considered as training..the person also quoted that even though your queries are fair the company has to go through various levels (global level) of approval to excuse you from paying money.

From India
My HR and Manager know that i have not attended any technical trainings till date. HR says quotes the below costs.Are these valid?.
1) Recruting cost
2) I would have learnt from the project and hence acquired knowledge which i can put on CV
3) Computer I use,pabtry,toilet etc..
4) I was non-billable for one month...please note that even during this time i was not given any technical trianing.

From India
I believe firstly go to the manager to discuss the points.
AS suggested by your training manager, you have been contributing immediately compared to your counter parts.
Explain the same to your manager in the discussion and request him to consider the case and if something can be done with regards to it.
First let us get to know from him what he has to say.
After listen to him and taking your relevant notes, state to him that service bonds are actually viable only till the amount of cost incurred by the company in training an employee.
Since you have not undergone any training and on the contrary you've contributed almost immediately, you would request the management to consider you as a special case and thus come to a mutually agreed condition.

From India, Mumbai
During a previous discussion, he said he has got to do nothing with this and he cannot interfere.It all relies on HR.
Kindly let me know what can i reply if they show irrelavant costs in the place of acutal training cost.

From India
Yes all these cost are applicable but the argument is...
Usage of computer, pantry, learning from project etc will continue to happen even if you are resigning after completion of your bond period. So how is this included in the bond breakage amount?
Secondly, there is always an opportunity cost. Tell them if they will recruit an experienced person, will they buy these similar arguments?
Tell them that you are aware that service agreements are not viable if no training is given. So there is no question of you paying any amount. But you do not want to have problems for both the parties, you would appreciate a smooth exit.
Hence it is really important to negotiate the situation.
Tell them that you have consulted few people in HR industry and they claim the same.
I hope a legal advisor can throw some light on the legality of statements in the bond and how viable would it be in the court of law.

From India, Mumbai
I have already spoken these to the HR. They too know that i am not liable to pay the money but the problem is they do not want to make an exception as they are araid that many more couls turn asking for same.
They know my case is genuine...

From India
Then you will have to take legal aid.
It is understandable that certain amount of demotivation is to be introduced so that employees do not just take training and run away.
But genuine cases ought to be considered.
Apart the bond is not at all viable to you as no training was taken.
You can approach the labour office nearby. But before you do that I believe you should wait for a day if legal advisor can be of some help.

From India, Mumbai
I believe every city has its own labor office... You'll have to google the address.
And still would suggest to meet or take advise from legal person so that your act should not back fire.
All the best

From India, Mumbai

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