Notice period and training cost

adiva (Querist) 24 May 2013 This query is : Resolved
Hi,
During campus hiring we were made to sign a terms and conditions document which stated that an employee has to work for minimum 18 months and if he resigns before that he should serve a period for 3 months.
After joining the company,when all other job offers were out of hand,after around two weeks a new document was made to sign which says that if an employee resigns before 24 months ,he should serve a period of 3 months and payback 50000 as training and accommodation.

I have resigned before 24 months but will be leaving just 10 days before completion of 24 months.Can I claim to be provided a division of cost incurred on accommodation as I had not taken an accommodation.Also,I have served just 2 months.My manager is ready to relieve me early but the HR doesnt agree.Can I legally challenge them to relieve me a month earlier without paying back the salary for one month?

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Nadeem Qureshi (Expert) 25 May 2013
Dear Querist
as per terms of your agreement you can not left the job without three months notice, so legal you can not leave without pay but if the manager is ready then amicable settlement can be metter

Raj Kumar Makkad (Expert) 25 May 2013
You cannot raise the question of non-use of accommodation at this stage. It wa proper for you to get resolved this issue during your service starting. You are legally bound by the terms duly agreed by you.

M V Gupta (Expert) 26 May 2013
Request your management to wive the notice period and also the damages of Rs. 50,000 as u have almost served the company for 24 months. Entering into litigation is not advisable as u need to get a proper re leaving certificate to produce before ur new employer.

ajay sethi (Expert) 26 May 2013
agree with experts .

Raj Kumar Makkad (Expert) 26 May 2013
As per your facts, the company is almost agree to waive off the remaining period of 10 days in notice period so better to get resolved entire issues amicably.

adiva (Querist) 27 May 2013
Thanks for the advices experts.I have tried to settle the matter amicably with all the people in the hierarchy but they are not ready to cut the training cost or reduce the notice period.I have a joining for MBA within 10 days so I cannot continue to serve the last month out of three.I told them this.The bond for 50000 is not a registered standard bond and the notice period policy is not signed,it was just mailed to us that this is the new policy,so can I challenge them legally on this front?

ajay sethi (Expert) 27 May 2013
do you want the relieving letter or not ?

if you dont desire it then you can take the plea that as per terms and conditions of your appointment letter you were required to serve for 18 months only and giv e 3 months notice period . it is only subseqently that management changed the policy and made it 24 months . no acceptance of revised terms and conditions has been agreed to by you .

M V Gupta (Expert) 31 May 2013
Yes. you should take the stand that the revised policy is not applicable to u. As u are going to join college relieving letter may not be necessary.