Facing a Family Emergency: Can I Leave My IT Job Without Paying the Training Fee?

Hi Seniors, please advise on this. I am working for an IT company as Tech Support for six months. Now, there is a family emergency in my native place, and I must go, but I am sure I am not coming back. In my offer letter, they mentioned that I have to pay Rs. 2 lakhs as a training cost if I leave the company within a two-year period, and I also have to serve a two-month notice period. I am willing to serve the notice period, but I cannot pay 2 lakhs. If I leave the company without the notice period and without paying the amount, will it affect my future? I hope a six-month gap doesn't matter. Is there any way to leave the company without paying 2 lakhs? Any suggestions or advice would be appreciated. I must go back to my native place.

Thank you.

Options for Leaving the Company

You have only three options here:

1. Pay the amount upon serving the notice period.

2. Talk to your management and narrate the whole situation regarding your crisis. If the management agrees, you may have no further issues leaving the company.

3. Ask the management. After explaining your issue, try to provide evidence of your emergency situation. If they feel it is genuine, they may suggest further steps upon your request to deal with it as they deem fit. You can try replacing yourself with a candidate of similar caliber who suits your job requirements if the company accepts it.

The last resort would be to seek the support of the court. If you are lucky, it may grant you relief or reduce the compensation or any other relief it deems fit. However, explaining politely and making the management understand the emergency is always the best option.

Dear Mr. DVJ2012,

Contradictions in Your Query

You are contradicting your own question in three different ways:

1. You must leave the company regarding your personal/family issues.
2. You may have to serve the notice period to avoid the payment of 2 lakhs, which is incurred as a training cost.
3. An experience gap of six months does not really hassle you, as you do not want to serve the notice period.

Hitherto, you might have to answer a few queries to accede to give you a better solution.

- When you know that you aren't coming back, then why do you have to keep the employer in the dark?
- When you are certain about the situation of paying 2 lakhs, why would you not give notice and do your F&F settlement?
- Nowadays, even a gap of three months prompts any employer to change their mind about hiring. Why would you really like to take a chance?
- You mentioned it as a training cost; have they given you any training relating to the process?
- The two-year period mentioned in your query, was this a contract/bond or written in any part of your letter of appointment?
- Are you a confirmed employee, or are you still under probation?

Please mention the above. We might guide you to surpass this situation.

Regards,

You have to pay the bond amount unless the management waives it. Without it, you will not receive an experience certificate or a relieving order. The right to a service certificate is only for workmen under the Standing Orders Act.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

Here are my answers to your questions:

- When you know that you aren't coming back, why do you have to keep the employer in the dark?
Yes, I am not coming back as I mentioned due to family reasons.

- When you are certain about the situation of paying 2 lakhs, why would you not give notice and do your F&F settlement?
I am ready to serve the notice period, but I cannot pay 2 lakhs, as it is a huge amount.

- Nowadays, even a gap of 3 months pushes any employer to change their mind about hiring. Why would you really like to take a chance?
If they ask me to pay the entire amount, what would be the next option?

- You mentioned it was a training cost. Have they given you any training related to the process?
They did not provide any training at all.

- The 2-year period (as mentioned in your query), was this a contract/bond or written in any part of your letter of appointment?
It was mentioned in the offer letter. There is no contract/bond signed.

- Are you a confirmed employee, or are you still under probation?
I received the confirmation letter before my probation period ended.

Thank you.