Trainee Broke Bond Despite Original Testimonials: How Can We Handle This Situation?

One trainee broke a bond, even though we have his original testimonials. We spent a lot of money on his training, and without work, we paid a lot. In a very critical situation, he ignored to work. What can we do? Please reply soon.

"We spend a lot of money on his training, and without work, we paid a lot."

1) Did you get any bond for this? If so, you can revoke the clauses.

2) Were any certificates given during the training period? You may ask for them since those have been qualified through the company.

3) You can seek legal advice to frame a letter revoking the clauses applicable in the appointment order.

With Regards,
Thiru

Since this is a common situation faced by all organizations, we should be smart enough to take preventive steps before such situations arise. Suppose we are recruiting somebody for a position that demands more expertise; they have to be given relevant training before being assigned responsibilities. If we are appointing somebody, in the appointment letter itself, we can clearly mention that he/she is expected to stay with the institution for a minimum period of --- years. It will be like a mutual agreement, and we are keeping their testimonials as surety. Also, you can clearly state that, during the period of training or service, if they leave, they have to pay compensation. This has to be clearly communicated to them before inducting them; otherwise, the organization will become a mere training college for others.

Regards,
Sreedevi

If you have already quoted in your appointment order clearly, you can claim the money from the company; keeping his original certificates is totally not accepted by the law. Have you given him notice, and have you started a domestic inquiry for your concern?

Please consult with your legal advisor on this issue; they will provide proper advice after reviewing your documents and understanding the nature of the situation.

Regards,
Amh - GM HR.

One trainee broke a bond, even though we have his original testimonials. We spent a lot of money on his training, and without work, we paid a lot. In a very critical situation, he ignored the work. What can we do? Please reply soon.

Hi, please try to understand that BUSINESS IS THROUGH MAN. Without people, no company can flourish. If someone quits, we start talking about laws/rules, etc., but please understand that if he loves the company and feels ownership in it, he will never think of leaving even in bad times.

Think about it; it is common sense, unfortunately not so common.

If he is leaving, bid a nice farewell so that he becomes a network for your company. This will help your company grow, and I think that is your company's 'GOAL.'

Regards,
Anshuman
[Phone Number Removed For Privacy Reasons]

• You have already executed a bond, and both parties are expected to follow the terms of the bond. You can revoke the relevant clause in the bond to protect your interests.
• I am not sure if the practice of keeping original testimonials is legal and ethical. Seniors, please give your views.

Thanks & regards

Please initiate the following actions:

Legal Notice for Liquidated Damages

- Prepare a legal notice through a legal advisor for the claim of liquidated damages. This will cover the cost of training, travel costs, resource costs, and the cost of executive time. These are clearly enforceable by law.

- If the notice is not given a proper reply, then a suit can be filed for the recovery of liquidated damages.

Clarification on Terms

Some have used the term "revoking" the clauses. Please note that revoking means withdrawing or calling back the clauses. It should be invoking the clauses.

Employee Aspirations vs. Organizational Growth

The comment on talking about law when the employee quits appears one-sided. What do organizations do if the aspirations of the person become bigger than what the organization provides? Is the employee not greedy?

Companies cannot grow by bidding farewell to someone who has quit after a short stint and without contributing. Farewell is a sign of gratitude for your contribution and association for a considerably fair time, and not for AYA RAM AND GAYA RAM kind of people.

Kind regards,

Dayanand L Guddin HR Advisor BOBST INDIA Pune.

The Importance of Not Retaining Original Documents

I am writing to address the importance of not keeping original documents of someone to work for you. This act is a criminal offense under the law and is considered unethical. While such practices may be legal in other countries, they do not have any legal validity in India.

It is crucial to respect the confidentiality and privacy of individuals' documents and not engage in practices that could lead to legal consequences. Thank you for your attention to this matter.

Best regards,
Regards

I agree with the point that keeping the original document of any employee without his/her consent is a criminal offense. However, I don't agree with the fact that bonds have no legal sanctity. It's true that sanctity is limited, but it's there. If a company incurs expenditure by way of training individuals, it has the right to exercise the clause. Having said that, the monetary sum can be greater than the expenditure incurred. But if a company gets somebody to sign the bond and incurs no expenditure on training, then the bond has no legal sanctity.

Regards,
Team GroupHR

Dear everyone,
Many are urging to do this and that. Please let me clarify that keeping the original documents of someone to work for you is a criminal offense under the law. It is also an unethical practice. Such types of bonds may be legal in other countries, but they do not have any legal sanctity in India.

• I wish to replace the word "revoke" with the word invoke in my earlier post.
• I feel sorry for such a huge mistake. Many thanks to Mr. Dayanand Guddin for pointing out the error.

Thanks & regards

Hi all,

I am also facing the same problem. I have been working in an organization for the last 3 years, and I have not been receiving sufficient increments. Consequently, I have decided to leave the organization. However, they have made me sign a bond stating that I will not leave the organization for the next year. Therefore, I seek your help urgently.

Thank you.

Please check the reason for breaking the bond. Making the environment a place where people want to work, taking legal action, compelling the employee, etc., are options for seeking revenge. It won't be good for the organization. If someone is unhappy, please allow them to leave. Otherwise, keeping them will cause damage to the organization.

I do not think you can enforce this clause. Employment bonds are against fundamental rights and cannot be enforced in a court of law unless for specialized jobs like pilots, etc. Here, I am sure the company would have obtained a bond only to retain the employee. Even if the company has spent money on the employee, it has done so only in the company's business and commercial interest. The best thing to do is not to give much importance to such trivial issues. Furthermore, withholding the original documents of another employee is against the law, and the employee can sue the company if they so wish.

Regards,
V A HARI
CHENNAI (TN)

Please try using informal networks to find the whereabouts of the employee since the original testimonials are with you. The chances are rare that he would have joined another company. He may be in a critical situation, such as a mishap, which has led to his loss of contact with the company. If this is the case, taking legal action would be inhumane.

Thank you.

Initially, thanks for your detailed reply. We gave 6-month training and have proof of vouchers. We have his 2-year agreement and his original certificates. His resignation letter sent by courier states personal problems as the reason for quitting. In a telephone conversation, he asked for double the payment, and he is threatening staff with support from political goons. We are facing a huge headache here and want to take action to punish him. Please reply.

It seems the trainee has left you for greener pastures. It also appears to me that whatever agreement/bond is executed between you is not properly conceived. When you want to seek help from it, it is proving to be useless.

First of all, please understand that if an employee wants to leave, you cannot stop him and hold him in your organization. The only thing you can ask for is a form of compensation from him for the amount and time spent on his training. Moreover, this compensation can only be asked for if the employee leaves, say, within 2 or 3 years. Additionally, there must be a specific clause to this effect in your agreement/bond.

You also need to support the clauses in the agreement/bond by executing supporting documents such as 'Promissory Note,' 'Post-Dated Cheque,' 'Counter Guarantee from Friend/Relative,' etc. It is not permissible to keep his original documents with you during his employment or after he leaves your services. Legally, you cannot hold his documents with you, as confirmed by Mr. Malik.

The only way to penalize him is by asking him to pay compensation by invoking the relevant clause in the agreement, provided such a clause exists in the agreement. If he is threatening your staff, please file a proper FIR against him at the nearest police station.

Thanks & Regards

Initially, thanks for your detailed reply. We provided a 6-month training, and we have proof vouchers. We have a 2-year agreement and his original certificates. His resignation letter, sent by courier, states personal problems as the reason for quitting. During a phone call, he requested double the payment and is threatening staff with support from his political allies. We are facing a significant challenge here and aim to take appropriate action against him. Please advise on the next steps.

In that case, he doesn't deserve any sympathy. Neither can you ignore him. Maintain all the relevant documents and take legal action as suggested above. Deal with it tactfully.

All the best

To Rafeec, whatever the situation may be, you cannot hold his original testimonials as it is illegal to withhold anyone's original documents. At most, you can send him a legal notice if any clause related to training is mentioned in the appointment letter.

Hope I am clear.

Thanks and Regards,
Parab