Hi VV, I think you have no choice, you have to go by your rule book. There's no point at this stage to consider ethics per se. You as a HR will have your task cut out. Otherwise your corporate governance will fail. What's your policy, he joined, then raise so many of his demands. By all means he's your regular employee whether he likes it or not is secondary. Wherever possible within your restrictions you can accommodate if really you don't want to lose him. Is the relaxing Bonding within your delegated powers and give enhanced salary ? Is he a crucial candidate, you got No.2 in the panel right ? Why you should worry, escalate the matter, take a legal opinion and leave it to your bosses to decide or organise a meeting with your boss & him and await what transpire there, for the present. Probably he has another offer on hand which might have looked better option, that may be a reason for his stand off with you.
From India, Bangalore
1067From India, Bangalore
Hi,
It is hardly a weeks time stint why you want to enforce the terms and conditions of Bond/ training agreement ?
Whether any software skills /concept training was imparted to the candidate within a week's time ?
There is no loss involved except the 90 days waiting period.
You should be happy that employee communicated his unwillingness within a week's time.
So no point of harassing the employee quoting the terms and conditions of bond and even if you proceed legally you will be expected to prove how it is going to loss to you ( as employer) and also you will be expected to substantiate the volume of training imparted.
As the proverb says "You can lead a horse to water but you can't make him drink" which means that you can give someone an opportunity but not force them to take it. Considering the short stint I would suggest you to let him go and close his file. You may mark his profile in not to hire list.
From India, Madras
It is hardly a weeks time stint why you want to enforce the terms and conditions of Bond/ training agreement ?
Whether any software skills /concept training was imparted to the candidate within a week's time ?
There is no loss involved except the 90 days waiting period.
You should be happy that employee communicated his unwillingness within a week's time.
So no point of harassing the employee quoting the terms and conditions of bond and even if you proceed legally you will be expected to prove how it is going to loss to you ( as employer) and also you will be expected to substantiate the volume of training imparted.
As the proverb says "You can lead a horse to water but you can't make him drink" which means that you can give someone an opportunity but not force them to take it. Considering the short stint I would suggest you to let him go and close his file. You may mark his profile in not to hire list.
From India, Madras
Hi
In case of Bond as well, you can not stop an employee to leave your organisation. Basis, below aspects:
1. Have you legally enforced a Bond - this can be seen by way of coercion in which you as a employer have a condition prior to joining, that Bond is compulsary and if the employee will not sign a Bond he will not get the job. As the employee wants to switch for the purpose of growth or the higher salary, he will accept your Bond condition but legally it will be treated as a forceful agreement as the same is one sided on employer terms and employee do not have any option for not signing it.
2. If you are binding a employee for a specified period i.e. 2 years bond - are you providing some training to that employee in return. If No, Bond is not enforceable and if Yes, you can claim the training cost from the employee if he leaves early.
3. Usually Bond have a specified fee to be recovered from the employee if he leaves early - you can recover that, but if you mentioned the higher amount which is unjustified and the employee does not pay you, you can approach court where this amount may be reduced and settlement will be done. Provided, enforceability of your Bond may be in question.
However, Bond is just a method to make fear in the mind of the employee so that he will not leave early but if the employee have well knowledge, he will sign your Bond, as you want because he knows that the terms are illegal and not enforceable.
From India, New Delhi
In case of Bond as well, you can not stop an employee to leave your organisation. Basis, below aspects:
1. Have you legally enforced a Bond - this can be seen by way of coercion in which you as a employer have a condition prior to joining, that Bond is compulsary and if the employee will not sign a Bond he will not get the job. As the employee wants to switch for the purpose of growth or the higher salary, he will accept your Bond condition but legally it will be treated as a forceful agreement as the same is one sided on employer terms and employee do not have any option for not signing it.
2. If you are binding a employee for a specified period i.e. 2 years bond - are you providing some training to that employee in return. If No, Bond is not enforceable and if Yes, you can claim the training cost from the employee if he leaves early.
3. Usually Bond have a specified fee to be recovered from the employee if he leaves early - you can recover that, but if you mentioned the higher amount which is unjustified and the employee does not pay you, you can approach court where this amount may be reduced and settlement will be done. Provided, enforceability of your Bond may be in question.
However, Bond is just a method to make fear in the mind of the employee so that he will not leave early but if the employee have well knowledge, he will sign your Bond, as you want because he knows that the terms are illegal and not enforceable.
From India, New Delhi
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