I joined one compay as trainee in march 2006. That 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 no work, my senior project manager forced me to resign. they also didnt return my cheques. they encashed the cheques and took Rs. 75000 from my account. They also lodged the complaint against me and lodged a criminal case too. I have offrerd them to join back but they are not ready to takeme back and demanding money. i have also offered them Rs. remaining rs 225000. but they want more. they have made mine and my familys life hell. IS THIS KIND OF BONDS BE TAKEN?? I dont know wether it is legal or illegal but it surely is inhuman and unethical Pls help me....
From India, Calcutta
From India, Calcutta
At the outset, companies take bonds and enforce them too. Realise, the companies spend a lot when they recruit and select employees. A lot of thought goes before and when they recruit an employee. When you quit, you are causing a loss to the company. Also, work is not assigned to you as soon as you join a company. They do give you time to adjust to their work culture. You should have waited for some time, before you quit.
From India, Bangalore
From India, Bangalore
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
167From India, Delhi
I do not know what exactly is training 'loan' agreement. Under any circumstance an employer is not suppose to collect a blank cheque 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 cheque is issued by employer in favour of employee for services rendered by the latter for the former. Unfortunately, this is just reverse of transaction. Therefore, the cheque is presumed to have been issued without consideration (any thing in return) and forcibly. An employer is legally right to claim any training cost incurred by him when an employee leaves the organisation without giving the employer sufficient time to get it back. But this does not mean that he can realise the sum by any means. Instead of allowing the employer to draw the amount, if the employee had countermanded the payment of cheque and subsequently the cheque is dishouned by the bank, the employer would not have any remedy under Negotiable Instruments Act as there is no sufficient reason to believe that the cheque was issued by the employee willfully and with valid consideration. Trainig cost without any detailed sessions of training will not maintain the case. As any agreement which restricts freedom of taking up employment is invalid, the employer has played a safe role by insisting a training bond with an agreement for repayment of training cost 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 labour practice on the part of employer. This matter has features of both labour 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
From India, Kannur
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Intro to Employee Training & Development - PPT.ppt
Employee agreement.doc