Rameshbg_1955@yahoo.com
Retired Chief - Ir
Nathrao
Insolvency N Gst Professional
Riteshmaity
Labour Law Advocate
+1 Other

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Dear Seniors,
I am working as a HR in a Software Development Company. In one to one discussion with the employees ,few of our employees showed interest in learning some advanced technologies if company can help them out in training. The Company is ready to provide training, But I would like to know if the company can make any agreement with the employees that they would stay with the company for minimum of 2 years after the training and do we need to collect any documents from them. Can anyone advise me on this.?
Thanks
Joylin

The company can take a bond from these employees.
Company should be specific about training involved,cost of training,actual training(not just posting abroad for work and showing it as training) and further period of service in company for each employee.
Agreement can be drafted by a good lawyer so that it does not fail if challenged in court of law.
Read this link
https://www.citehr.com/134784-bond-b...g-program.html
Legally India: Court summons issued for breaking training bond (1/1)

Agreement of such nature will not be legally tenable in the eye of law as per the Apex Court's decision that every employee has the right to shift to another employer for betterment of self/ higher salary and the existing employer cannot bind them.
For the sake of argument, even if there is an agreement between the employer and employee and if the employee fails to serve the stipulated term, then the employer is entitled to get compensated by an amount. However, in case the employee fails to serve such term, the employer cannot deduct/ recover such amount from the statutory dues of the employees. The only option left with an employer is to challenge the violation of such agreement before a civil court which is both expensive and time consuming.
For similar advice on labour laws, check this post - https://labourlawhub.com/2016/02/19/your-company-cannot-stop-you-from-joining-its-competitor/

Another option could be that the company agrees to pay the amount of training after 24 months of the employee staying in the organization post he or she completes a training course.
Such agreements are only a deterent and difficult in enforcing it. The contribution to the organization and performance of an employee who has made up his mind to leave the organization will always be much wanting. here has to be mental and moral connect with the organization created rather than depending on such agreements.
rameshbg, hosur

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