Employment Bond
Advocate Nitya Bansal
(Querist) 08 April 2011
This query is : Resolved
Is an agreement requiring employee to reimburse or compensate the salary already received by him to the employer, if he leaves services during training period or within one year after training period valid and enforceable in law?
If an employee is unable to bear the work load and quits during the training period, what remedy or defence does he have to avoid the said liability?
Parveen Kr. Aggarwal
(Expert) 09 April 2011
An agreement validly executed is binding on all its parties. If an employee has voluntarily agreed to reimbure of compensate his employer, he is under a legal obligation to comply with it.
Guest
(Expert) 09 April 2011
The question is not that an employee can bear or not the workload, the question is if the employer has spent amount on training of the employee and the employee has already entered in to an agreement to reimburse the amount spent on his training, but is not willing to work for the employer, in that case he becomes liable to reimburse the amount.
Evidently, an employer cannot be supposed to spend huge amount on training of employees just to find them unwilling to work for the employer and flee away any time at their sweet will.
RAJU O.F.,
(Expert) 09 April 2011
Since you have agreed to the terms of the employer, at your free will, you have to comply such terms. In case, any additional works to your burden, which are not specified in the nature of works during the training period, had to be done, then you have some justification for saeeking legal remedy.
Advocate Nitya Bansal
(Querist) 10 April 2011
Thanks Mr. Dhingra. This was my opinion as well. Just wanted confirmation from some experienced people.
But, if we are able to establish that no real training was given, and it was merely labelled as training, then can it be of help to us? Won't that be a breach of agreement from the employer's side?
Advocate. Arunagiri
(Expert) 10 April 2011
Right of the employer : claim compensation.
Right of the employee : take defense on working environment and reasons for leaving the company. You can not say the training is inferior. That is not a strong ground for defense.
Advocate Nitya Bansal
(Querist) 11 April 2011
Thanks a lot Mr. Parveen, Mr. Dhingra, Mr. Jaggarao, Mr. Raju and Mr. Arunagiri for your responses.
I am an advocate in Delhi and I graduated in 2009.
Look forward to further guidance from you on other queries or issues as well.
