I joined one company as a trainee in March 2006. The company made us sign a Training loan agreement of Rs. 3 lac with liquidation damages of Rs. 2 lacs. They also took 3 undated cheques amounting to Rs. 3 lacs. Since there was no work, my senior project manager forced me to resign. They also didn't return my cheques. They encashed the cheques and took Rs. 75,000 from my account. They also lodged a complaint against me and initiated a criminal case. I have offered to rejoin them, but they are not ready to take me back and are demanding money. I have also offered them the remaining Rs. 225,000, but they want more. They have made mine and my family's life hell. Is this kind of bonds be taken?? I don't know whether it is legal or illegal, but it surely is inhuman and unethical. Please help me...
From India, Calcutta
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From India, Calcutta
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At the outset, companies issue bonds and enforce them too. Realize that companies invest significantly when they recruit and select employees. A lot of consideration goes into the process before and during employee recruitment. When you resign, you cause a loss to the company. Additionally, work is not immediately assigned to you upon joining a company. They provide you with time to adapt to their work culture. It would have been advisable to wait for some time before resigning.
From India, Bangalore
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From India, Bangalore
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dear it is really very sad and in this case you hire proper advocate and now donot pay single coin to them .dear you need any help in this regard pls contact . tks j s malik 9810557181
From India, Delhi
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174From India, Delhi
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I do not know what exactly a training 'loan' agreement is. Under any circumstance, an employer is not supposed to collect a blank check and present it for payment without intimation to the drawer (employee). Here, in this case, the relationship between the drawer and the payee is not debtor and creditor but employer and employee. It can be admitted that if a check is issued by the employer in favor of the employee for services rendered by the latter for the former. Unfortunately, this is just the reverse of the transaction. Therefore, the check is presumed to have been issued without consideration (anything in return) and forcibly.
An employer is legally right to claim any training cost incurred by him when an employee leaves the organization without giving the employer sufficient time to get it back. But this does not mean that he can realize the sum by any means. Instead of allowing the employer to draw the amount, if the employee had countermanded the payment of the check and subsequently the check is dishonored by the bank, the employer would not have any remedy under the Negotiable Instruments Act as there is no sufficient reason to believe that the check was issued by the employee willfully and with valid consideration. Training cost without any detailed sessions of training will not maintain the case.
Any agreement that restricts the freedom of taking up employment is invalid. The employer has played a safe role by insisting on a training bond with an agreement for the repayment of training costs as if the employee has availed a 'loan' from the employer. This is what I understand from the post. But this is a kind of cheating and a rude unfair labor practice on the part of the employer. This matter has features of both labor dispute and criminal malpractice. Therefore, file a counter defending the charges. Don't pay any more money. Let the court decide. I am sure that if you defend the case, the employer will come for settlement.
Regards,
Madhu.T.K
From India, Kannur
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An employer is legally right to claim any training cost incurred by him when an employee leaves the organization without giving the employer sufficient time to get it back. But this does not mean that he can realize the sum by any means. Instead of allowing the employer to draw the amount, if the employee had countermanded the payment of the check and subsequently the check is dishonored by the bank, the employer would not have any remedy under the Negotiable Instruments Act as there is no sufficient reason to believe that the check was issued by the employee willfully and with valid consideration. Training cost without any detailed sessions of training will not maintain the case.
Any agreement that restricts the freedom of taking up employment is invalid. The employer has played a safe role by insisting on a training bond with an agreement for the repayment of training costs as if the employee has availed a 'loan' from the employer. This is what I understand from the post. But this is a kind of cheating and a rude unfair labor practice on the part of the employer. This matter has features of both labor dispute and criminal malpractice. Therefore, file a counter defending the charges. Don't pay any more money. Let the court decide. I am sure that if you defend the case, the employer will come for settlement.
Regards,
Madhu.T.K
From India, Kannur
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