In my company, one key role employee got some other offer in the branded company, But management is not ready to release her because she is the key role for the project and we gave training for 6 months from the USA about the project. Now again we need to train a new candidate means it will take more time and we don't have time also to trained also.
Can anyone please suggest us what to do in this situation, we are ready to do anything
we already informed to her also it is not correct position to leave in the final stage but she is not accepting the management also
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Just because an employee was trained abroad for about six months at the cost of the employer and occupies a key role in the current project of her deployment, I don't think that she could be compelled to be at the services of the employer forever.
She can be permitted to quit her job subject to the notice conditions laid down in the contract of employment. Of course the employer can decline her buy out option of notice period if any and insist upon her actual service.
If any bond was already executed by her to serve the organization for a particular period after her training abroad or to reimburse the entire cost of training in case of breach and the specified period is not yet over or she is not willing to reimburse, the employer can reject her resignation.
Try to convince her by offering some sops and if not possible, search for suitable replacement. In the realm of employment, no one is indispensable!
Dear Saidurga,
Your company could have been a little more thoughtful. Your company should have made legal agreement with the employee before sending her abroad for the training. In this agreement you could have mentioned specific period for which employee must serve.
At this stage, legally your position is not so strong. Beyond compelling her to serve the notice period, you cannot do anything as such.
Dinesh Divekar
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