I was verbally fired on the spot for not abiding by the company's policy, which was considered misconduct. I was in my probation period when this happened. I didn't receive a written termination letter, and when I asked for it, the company demanded that I pay the bond amount and training expenses. They threatened to take action if I didn't comply. My bond period was for one year, and I had worked at the company for three weeks before being fired. The bond agreement states that if I resign during the bond period, I have to pay the bond amount but doesn't specify that I must pay if the company fires me.
I did not initiate the termination in any way. Am I liable to pay the amount? Is there a law that states if you are fired for misconduct, you have to pay the bond amount? What should I do?
From India, Mumbai
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I did not initiate the termination in any way. Am I liable to pay the amount? Is there a law that states if you are fired for misconduct, you have to pay the bond amount? What should I do?
From India, Mumbai
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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. Instead, 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 amounts to illegal termination. In such cases, the employer has no locus standi to demand the bond amount or the reimbursement of training costs 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
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6108When an employer denies the employee entry into the place of work, it amounts to illegal termination. In such cases, the employer has no locus standi to demand the bond amount or the reimbursement of training costs 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
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Hi,
Please check the terms and conditions of your Bond/Training Agreement. There might be a clause in the bond which states, "During the period of training/bond, the employee shall not leave, resign, or give cause to the Company for terminating his services. In the event of the employee leaving, resigning, or in any manner giving cause to terminate his services, the employee shall be liable to pay the aforementioned liquidated damages."
Your employer may be keeping this point to ask you to pay compensation. However, it is still not valid as they have not framed any charges against you for misconduct, and they are supposed to follow the process. It is just an act of threat. Please talk to your HR and explain.
From India, Madras
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Please check the terms and conditions of your Bond/Training Agreement. There might be a clause in the bond which states, "During the period of training/bond, the employee shall not leave, resign, or give cause to the Company for terminating his services. In the event of the employee leaving, resigning, or in any manner giving cause to terminate his services, the employee shall be liable to pay the aforementioned liquidated damages."
Your employer may be keeping this point to ask you to pay compensation. However, it is still not valid as they have not framed any charges against you for misconduct, and they are supposed to follow the process. It is just an act of threat. Please talk to your HR and explain.
From India, Madras
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