Hello all,
I joined Company X in June 2014 and had training in another city for around one month. I was provided with money for expenditures and accommodation as well. Upon returning, I had to abscond and leave due to a better offer. The company is claiming that I must pay for the expenses and did not serve the notice period. Can they legally do this? Will I be in trouble?
Thank you.
From India, Chennai
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I joined Company X in June 2014 and had training in another city for around one month. I was provided with money for expenditures and accommodation as well. Upon returning, I had to abscond and leave due to a better offer. The company is claiming that I must pay for the expenses and did not serve the notice period. Can they legally do this? Will I be in trouble?
Thank you.
From India, Chennai
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Yes, the company is very much entitled to recover from you the cost of training and the notice period. They can and should take legal action against you if you fail to pay the same. And I certainly hope the company does that.
From India, Mumbai
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2508From India, Mumbai
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The notice period is generally payable by the employee if not observed as per labor law and/or employment contract. Expenses paid by the company may not be recovered if there is no categorical policy and contract signed by the employee prior to attendance at the training, which specifically states the conditions of the training bond and reimbursement procedures. Indeed, companies would do well to protect themselves from opportunists by asking employees to sign a training bond agreement/contract before sending them to training programs whose cost is substantial.
Best regards,
Ed Llarena, Jr.
Managing Partner
Emilla International Consulting Services
Tel: [Phone Number Removed For Privacy Reasons]
From Philippines, Parañaque
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Best regards,
Ed Llarena, Jr.
Managing Partner
Emilla International Consulting Services
Tel: [Phone Number Removed For Privacy Reasons]
From Philippines, Parañaque
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It depends on the employment contract you have with the company. You have a fundamental right to choose your employer. Legal options can be evaluated after seeing the contract.
From Japan
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From Japan
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You won't like this. Your line "I had to abscond and leave due to a better offer" is a giveaway of the way you handle your career and core values. What do you mean by "I had to abscond"? Did anyone push you into it? It was your choice, right?
Tomorrow, when you get another better offer, there's no guarantee that you wouldn't hesitate to do a repeat act. Companies nowadays focus more on the attitude and integrity of individuals, especially under adverse situations. They would be okay to compromise "a bit" on the skills but not on the ethical aspects.
Legal Implications of Absconding
Coming to your query "let me know if they can legally do so," Saswata Banerjee has already answered you. However, please also note that anything can be contested in Indian Courts. How often haven't you seen the most frivolous issues or charges been taken to courts?
Your worry ought to be whether you can handle if the company takes you to court. Firstly, your time, then your money for an advocate, and possibly if this leaks to your next employer(s), the possible consequences thereof for that job.
And in this case, the company gave you training, which they can easily prove if it goes legal. You haven't mentioned whether any bond was in place, and even if it wasn't, advocates can easily handle this particular situation. Any bond that's linked to training is enforceable legally.
Advice for Resolving the Situation
I suggest clearing off the monetary dues here and coming out clean to avoid any future complications in your career. But again, you always have a choice. It's up to the individual.
Regards,
TS
From India, Hyderabad
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Tomorrow, when you get another better offer, there's no guarantee that you wouldn't hesitate to do a repeat act. Companies nowadays focus more on the attitude and integrity of individuals, especially under adverse situations. They would be okay to compromise "a bit" on the skills but not on the ethical aspects.
Legal Implications of Absconding
Coming to your query "let me know if they can legally do so," Saswata Banerjee has already answered you. However, please also note that anything can be contested in Indian Courts. How often haven't you seen the most frivolous issues or charges been taken to courts?
Your worry ought to be whether you can handle if the company takes you to court. Firstly, your time, then your money for an advocate, and possibly if this leaks to your next employer(s), the possible consequences thereof for that job.
And in this case, the company gave you training, which they can easily prove if it goes legal. You haven't mentioned whether any bond was in place, and even if it wasn't, advocates can easily handle this particular situation. Any bond that's linked to training is enforceable legally.
Advice for Resolving the Situation
I suggest clearing off the monetary dues here and coming out clean to avoid any future complications in your career. But again, you always have a choice. It's up to the individual.
Regards,
TS
From India, Hyderabad
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I wonder where ETHICS has gone these days!!!
Kindly provide more information about the contract of employment that you have signed. Also, consider whether the company would be justified in terminating an employee if they find a better candidate soon after hiring him/her.
From United Kingdom
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Kindly provide more information about the contract of employment that you have signed. Also, consider whether the company would be justified in terminating an employee if they find a better candidate soon after hiring him/her.
From United Kingdom
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Dear Ms. Anusha,
Initially, I was inclined to view your account as fictitious. However, if it is accurate, given your position as a banker, it is likely that you would have faced legal consequences for embezzlement by now, upon your bank reporting the incident to the authorities. Nonetheless, your scenario serves as a poignant example of how an employee can inadvertently sabotage their career prospects.
Please let me know if you require any further assistance or clarification.
Kind regards.
From India, Delhi
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Initially, I was inclined to view your account as fictitious. However, if it is accurate, given your position as a banker, it is likely that you would have faced legal consequences for embezzlement by now, upon your bank reporting the incident to the authorities. Nonetheless, your scenario serves as a poignant example of how an employee can inadvertently sabotage their career prospects.
Please let me know if you require any further assistance or clarification.
Kind regards.
From India, Delhi
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Upon returning, I had to abscond and leave due to a better offer. Not a good thing to do. If you abscond after getting training, you will be legally bound to return the cost of training, at the very least, if you have decided to abscond. It is such absconding actions that keep lawyers busy and make HR frame stricter and tighter policies to prevent absconding. After all, no company would like to spend money on training and see it go to waste. Well, if you get a legal notice, be ready to pay up.
From India, Pune
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From India, Pune
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Reality of Employee Turnover After Training
Unfortunately, this is not a cock and bull story. This is most probably a reality. Such incidents happen quite often, even with the best of companies. We have seen such cases with our clients, where people walk out of the job after training, and the company has spent a lot of money on getting them ready to deliver.
I have always advised my clients that they should take legal action against such a person, even if it costs the company some money. I hope in this case too, the company does the same. People today do not have ethics or morals. They do not care what the company has done for them. They only care about what they are entitled to. Probably a year down the line, you will find the same person posting about how the company kicked them out without notice and what can be done against it.
From India, Mumbai
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Unfortunately, this is not a cock and bull story. This is most probably a reality. Such incidents happen quite often, even with the best of companies. We have seen such cases with our clients, where people walk out of the job after training, and the company has spent a lot of money on getting them ready to deliver.
I have always advised my clients that they should take legal action against such a person, even if it costs the company some money. I hope in this case too, the company does the same. People today do not have ethics or morals. They do not care what the company has done for them. They only care about what they are entitled to. Probably a year down the line, you will find the same person posting about how the company kicked them out without notice and what can be done against it.
From India, Mumbai
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Legal Clarification on Absconding & Contract Labour.pdf
TRAINING BOND 2012.docx