Service bond for non-training visits abroad is valid and legal???
Raju
(Querist) 26 May 2012
This query is : Resolved
Hi my friend is working in one reputated MNC; at the time of joining in offer letter in service clause already it is mentioned that in case of expensive trainings employee has to stay in comp for 1 yr from the date of return and if he violates the clause then recovery would be on pro-rated basis.
but now they have enforced one more bond forcing to stay 18 months in comp or pay upto 10 lakhs in lumpsum; pro-rated only after six months and they are doing this for work permits and business meetings also not giving any expensive trainings to employess..
my query is this they have not informed me any change in offer letter clauses prior to any 21 days as per IDA section 9(A)nor have communicated any clauses that offer letter conditions are over-ruled by this newly enforced bond.... so is this kind of bond is valid and legal which is violating the terms and condition of offer letter itself ????
please advise and enlighten us.
Nadeem Qureshi
(Expert) 26 May 2012
Dear Raju
as per your information they service bond for 18 month is not valid, you should sent a legal notice to your company and inform them about this type of the illegal procedure and execute service bond forcefully. you can also demand a compensation for mental harassment.
Feel free to call
Deepak Nair
(Expert) 26 May 2012
A service bond can be valid only if the employer has incurred a considerable amount as expenditure towards the training provided to the employee. In such cases, the employer is justified in asking the employee for a reasonable period of time or to give an amount equivalent to the amount spent by the Company.
The employer cannot claim any amount. The employer is required to prove the amout which they actually spent on the employee and can only claim to that extent.
Raju
(Querist) 26 May 2012
Thanks Experts your valuable suggestion!!
also guide us bout the provisions of recovery. cost will be recovered for all expenses like tickets , staying and DA ? or will be liable for only training cost of the programme?
