Is My Brother Legally Bound to Pay for Training After Quitting Due to Health Issues?

My brother worked with a KPO for around 4 months. Thereafter, he was sent for training to the US by the company. After returning from the US, he worked for one and a half months, but due to the night shift, his health was not favoring him to work. Before he left, the company had him sign a bond stating that an individual has to pay 2 Lac if he leaves before 1.5 years and took a cheque of 2 Lac from him.

As he was suffering from various health and psychological problems, and due to the night shift, he was consistently unwell and always had a headache. He took a week's rest and gradually found himself unable to continue his job with the company, leading him to resign. We also provided a medical certificate to the company stating that he was not able to do night shifts anymore.

Legal Inquiry on Bond and Training Expenses

The bond also mentions that the person has to bear/give the expenses that have occurred during the training. In these circumstances, I would like to inquire whether this bond is legally binding. Is he required to pay the 2 Lac amount or the entire training expenses?

Please advise...

Recommendation for Addressing Bond Payment Issue

My recommendation is that you should write an application to the leader or Head of HR. Share your medical reports and, on the grounds of the same, request an exception for not paying the amount. Make sure to include all facts and clearly state your request.

First, go through the agreement clause-wise. Have they mentioned that whatever the reason may be, the trainee cannot leave the job? Study this. If yes, then your brother has to reimburse the cost of training. If such a clause is not mentioned, then you can deny the reimbursement on the grounds of physical incapacity to perform the duty.

Ethically, it's better if your brother discusses his problem with the Head-HR and requests a day shift if it's possible. The company has spent two lakhs on training, as you have mentioned. Definitely, it will expect that the employee should not leave the job as it will be a loss to the company.

Hope I am on the right track.

Regards,
Rajeev Dixit

I agree with your point. There is a clause regarding the reimbursement amount—whether it should be 2 lakhs or the entire training expenditure, as the training lasted for 4 months. I have attached some key conditions of the bond for reference.

Regards,

As per what you have attached, it seems clear that you have to pay the amount whichever is higher, i.e., towards training, boarding, lodging, etc., OR two lakhs...

Regards,
Rajeev Dixit

As Mr. Dixit has rightly said, since the employer has incurred an expenditure towards your boarding, lodging, training costs, and any other expenses spent on the employee, the said amount is recoverable by the employer from the employee since he/she has resigned from the post for whatever reason as mentioned in the terms and conditions of the bond/agreement duly accepted by the employee by signing. If the expenditure is more than the bond amount, then such an increase has to be paid. If, in case, the expenditure is less than the bond amount, then the bond amount equaling to Rs. 2 Lac has to be paid.