rishav-singh
I have joined a company in September 2021.The company mentioned in its offer letter that i have to serve for 1 year and if i leave before that i have to pay training fees where amount was not mentioned. I have not signed any judicial agreement papers with the company just signed the offer letter. I have worked for 8 months and i have Resigned. But the HR is demanding Rs 180000 plus telling me to pay money for double the notice period to get my Experience and Relieving letter. I had a 3 month notice period. What should i do? Kindly help me out, Should i file a case in Labour Court? i am attaching one of the files shared with me to digitally sign.
From India, Kolkata

Attached Files (Download Requires Membership)
File Type: doc 2) Separation Agreement amended.doc (33.5 KB, 24 views)

PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management

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Madhu.T.K
3735

If the company ha spent Rs 180000 by way of training to you, you should pay it to the company. On the otherhand, they have not put in that much of amount to train you, you need not pay a single amount.

If you have been working in the capacity of a Supervisor or manager functionally with supervisory powers like power to sanction leave of your subordinates, right of appraising the performance of subordinates and right to initiate disciplinary action against any of your subordinate employee for his misconducts, then you cannot approach labour officer or labour Court. On the other hand, if you did not have any such managerial powers, then certainly, you can approach the labour department and put a complaint in writing against the harassment of the employer. No need to approach the Labour Court initially. Please reach the Labour Officer and he will call the employer for a settlement and if no settlement is reached, then he will refer the matter to Court.

From India, Kannur
rishav-singh
I have joined as a fresher. And they have not spent that much money on my training.
From India, Kolkata
Madhu.T.K
3735

If you are sure that they have not put in that much of amount exclusively for you, then forget the issue. They can hold your relieving certificate. Either you can forget it and when you join another organisation, tell them that you did not get it. Be open with any prospective employer and you can even disclose it. There is nothing wrong in saying that you could not pay the bond amount and due to that you did not get service certificate. After all it has no relevance if you are joining some government department or PSU.
From India, Kannur
saswatabanerjee
2289

the ageement makes no sense.
Is it what they are asking you to sign now or you have already signed it?

If the matter is to go before a court, it is unlikely to enforce it. However, legal process is long and expensive. Further, you need to to be on good terms as the future employers may call them for BVG

The company seems to be bent on exploiting employees if what details you have provided above is correct

From India, Mumbai

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