sudheer (asst manager) 27 November 2011

Service agreement bond

Dear Sir's,

Greetings of the day. I have been working as an Assistant Manager in a Ltd company.The company has deputed me for service training to abroad where they have spent around 1 lakh rupees. The date of training was during April 2010.

I have signed the agreement for 3 years and if i breach the bond, i should pay the bond value which is 1.2 lakhs.

Now i have resigned and i have completed 1 year 9 months of the bond period. But even though , the company is asking me to pay the entire 1.2 lkahs.I have requested them to go for pro rate basis but they have denied stating that the pro rate is not mentioned in the agreement

Please find the words from the compnays policy " For training abroad for a period of more than five working days and upto and including fifteen working days, the person will be required to sign a service agreement bond for one and half years. The bond amount will be equal to the travel fares and other expenses paid by
the Company, rounded off to the nearest thousand rupees or Rs 25,000/- whichever is higher "

For training abroad for a period of more than fifteen working days, the service agreement bond will be for three years and the value of the bond will be at actuals or Rs. 25,000/- whichever is higher"

The nos of days that i was deputed was for 19 days in which there were 2 saturdays and 2 sundays. SO, the policy mentioned above clearly states that if it is 15 working days, then the bond period will be for 1.5 years.

Can any one kindly help me? i have got a job in the middle east and need to be there during the 2nd week of december..

Has the company got the rights to hold the releiving letter , experience certificate and the settlement?Please find the attached policy manual and request your expert opinion

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5 Replies

Kumar Doab (FIN) 27 November 2011

The service agreement bond also states:

”The period of the service agreement bond will be reckoned from the date

the person joins duty on return to India.”

Thus you may calculate the duration accordingly.

What is the revenue generated by you thru your service with the application of knowledge gained by you from training..

You may reason and negotiate with employer and convince that you have generated profits and the training may be waived off. This is the quickest/easiest solution.

sudheer (asst manager) 27 November 2011

Dear Sir,

I have already told these things to them. I have given more than 1 crore business to the compnay, still the company is not accepting.So it would be great if some one could kinldy let me know a valid point that i can tell to the company

Kumar Doab (FIN) 28 November 2011

The service agreement bond also states:

”The period of the service agreement bond will be reckoned from the date

the person joins duty on return to India.”

You may carefully forward and save the sales register showing conntribution of > 1 crore business.

You may submit a gentle communication addressed to good offices of your appointing authority, MD, Company Secretary, competent authority which has signed on service bond, and attach sales register for entire period/all years ( forward and save the copy for future use) and apply your rapport goodwill and obtain help of your line management. You need excellent negotiation, persistance , persuance skills and recommendation by your line management ( obtain a copy ). Sense may prevail.,

If you are not able to convince them while in employment, and your efforts does not fetch you relief, then you may approach a competent and intelligent service lawyer. Your lawyer may prefer to issue legal notice or may advice you to wait till company initiates an action. You must be able provide all inputs, documents , records, prrofs to your lawyer.

sudheer (asst manager) 28 November 2011

Dear Mr.Kumar,

Thanl ypu for ypour advise and i wish to inform you that the bond has been waived off as i have given a mail to my corporate HR mentioning abt my hard work that i have did for past 3.5 years.

Thank u op=nce again

Kumar Doab (FIN) 28 November 2011

We are very happy to note the relief you have got from your corporate HR.

Kindly form a community with your fellow colleagues, friends, near and dear ones and spread awareness.

Do your best, justify your salary, deliver the deliverables, and leave your mark with your performance. All skills can be acquired. Employee in today’s environment has to develop exceptional reasoning, negotiation, persistence, persuasion, rapport building, skills, and must remain amiable.

Although you are separating from this employer for reasons best known to you, maintain rapport and remain in touch with your line management and HR guys from this company.

We wish you all the very best in your future ventures.