I was verbally fired on the spot for not abiding to the comapanies policy that counted as a misconduct, I was on my probation period when this happened. I did'nt receive a written termination letter as well and when I asked them to provide me with it, the company told me to pay the bond amount as well as the training expenses and if not paid they would take action regarding it. My bond period was 1 year and I had worked for 3 weeks at that company before getting fired. The bond agreement specifies that if I resign during the bond period i will have to pay the bond amount but doesnt explicitly specify that even if the company fires me i will have to pay the bond amount.
I did not initiate termination from my side in any way. Am i liable to pay the amount?
Is there any law that states that getting fired for misconduct you will have to pay the bond amount?
What should I do?
From India, Mumbai
I did not initiate termination from my side in any way. Am i liable to pay the amount?
Is there any law that states that getting fired for misconduct you will have to pay the bond amount?
What should I do?
From India, Mumbai
When a probationer's conduct, in the opinion of the employer, does not synchronize with the organization's policy and on this ground he wants to dispense with his services, he can do so by adopting discharge simpliciter. In stead, if the employer orally terminates the probationer and asks him to resign so as to hide his own unlawful act and at the same time to recover the bond amount and training costs, it is totally illegal. When an employer denies the employee entry into the place of work, it tantamounts to illegal termination. Such being the case, the employer has no locus standi to demand bond amount or the reimbursement of training cost from the orally terminated employee. Probably all these things would not have been on record. Therefore, the poster can write a detailed representation to the employer politely putting forth all these points.
From India, Salem
6018From India, Salem
Hi,
Please check your terms and conditions of your Bond/Training Agreement.
There might be some clause in the bond which state " during the period of training/bond the employee shall not leave, resign and or give cause to the Company for terminating his services.... In the event of the employee leave,resign or in any manner give cause to terminate his services, the employee shall be liable to pay to aforesaid liquidated damages ......"
Your employer may keeping this point may be asking you to pay compensation. However still it is not valid as they have not framed any charges against you for misconduct and they are supposed to follow the process...It is just a act of threat... please talk to your HR and explain.
From India, Madras
Please check your terms and conditions of your Bond/Training Agreement.
There might be some clause in the bond which state " during the period of training/bond the employee shall not leave, resign and or give cause to the Company for terminating his services.... In the event of the employee leave,resign or in any manner give cause to terminate his services, the employee shall be liable to pay to aforesaid liquidated damages ......"
Your employer may keeping this point may be asking you to pay compensation. However still it is not valid as they have not framed any charges against you for misconduct and they are supposed to follow the process...It is just a act of threat... please talk to your HR and explain.
From India, Madras
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Bahrain labour law 2012 - 15052013.pdf
Emergence of Labour Law.doc