Legal Question in Employment Law in India

Hi,

My company wanted me to go onsite for attending training. For that purpose, they asked me to sign a legal bond of two years. On that bond paper, the duration of training was "6 to 8 weeks". But i only got training for 3 weeks and returned to India.

The amount that is payable if i break the bond is 4 lakhs Rs. This amount is calculated as the expense that company incurred on me during training duration.

But, as per the bond, the training duration should be at least 6 weeks. Thats how the amount payable is calculated. They have taken a guranteer signature as well on the bond.

Now i am looking to switch the job. What path should i take to minimize the friction between the company and me? Is the bond even viable since the duration written in the bond has not been reached? Can the amount i have to pay to company be less as the training duration was cut short?


Asked on 1/21/15, 9:59 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

22.01.2015

Dear Sir / Madam,

Although I recollect I having already answered this query before, I will answer it again. The Company in India sent you abroad for training for a tentative period of 6 to 8 weeks asking you to sign a bond for two years else pay Rs. 4 lakhs if you quit the Company before completion of the bond period. Whether the Company trained you for 3 weeks or 6 weeks overseas has no forbearance on the bond that you have signed with the Company. Your total service tenure with the Company is important. If you have already served with the Company for a year, you may state that the training that you acquired abroad, was effectively applied to your improving the Company's financial performance during the year and that the Company substantially benefited thereof. To reduce friction and if you presently do not already have another job in hand, you should give three month's notice to the Company of your intention to resign from the Company. Check if the bond contains both the terms - training period and bond period. Yes, the bond amount payable has to be reduced pro-rate taking into consideration your total service tenure in the Company.

Regards,

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Answered on 1/21/15, 11:46 pm


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