I need your sincere help and advice for breaking training agreement
I left my former company in May 2010 with proper resignation but company didn’t accept my resignation because I have executed training bond. I have to work 3 years after finishing my onsite period.
I have gave up all my gratuity, leaves and last month salary to company for compensation 6,00,000/- but they are asking huge amount of 32,00,000.
After one month company has sent me legal notice from lawyer and I have also replied to their notice through my lawyer.
After seven months in Feb 2011 I have received one summons from court, saything that I have to come to court to attend this case.
Now I am not in India and my parents little worried about this Summons.
Please advise me how to proceed with this case, Should I discuss with company again?
I look forward for your valuable replies. I am attaching my training agreement for more information
Thanking you in advance.
1) The company hereby deputes the employee for training from 08.07.2007 to 08.07.2010 at Germany with the object of enabling the employee to get training in project management, process technology and the employee hereby agrees to undergo training.
2) The employee shall faithfully, diligently and punctually take the fullest advantage of training and shall assimilate the various aspects/ knowledge imparted to him during the period of train and shall thereafter, on return make best use of the knowledge so gained for the benefit of the company.
3) In consideration of the company sending the employee for training abroad at the cost of the company, and in consideration of the additional knowledge and experience that the employee would be gaining on account of the training, the employee shall work for the company for a minimum period of 3 years after returning from training. The employee shall not, under any circumstances work for any competitor of the company during a period of 3 years after training.
4) In the event of the employee leaving the services of the company, either during the period of training or thereafter before completing 3 years of service after completion of training period and or the aforesaid period of 3years after completion of training, the employee shall be liable to pay to the company as damages a sum of Rs.32,00,000/- which the company would spend on deputing the employee for training. The break up of Rs.32,00,000/- is as under
a. Airfare to Germany and from Germany to Bangalore - Rs. 1,00,000/-
b. Expenses towards obtaining visa - Rs 5,000/-
c. Accommodation Boarding, travelling and incidental expenses at - Rs 12,00,000/-
d. Special allowances paid during stay abroad for training - Rs 16,00,000/-
Total : Rs 32,00,000/-
5) In the event of the employee indulging in any act of indiscipline or misconduct, or abandoning training and or employment or giving health reasons for not coming to duty, the said acts or any of such acts leading to termination of services of the employee by the company shall be deemed to be violation of terms of this agreement by the employee, and the employee shall become liable to pay liquidated damages as stipulated in clause (4) above.
6) The employee shall keep the company’s trade secrets confidential and shall not disclose or disseminate any company’s information to any third party
7) The employee undertakes not to disclose any information and or knowledge gained by him during his training and employment in the company to any person, firm or company and or to any individual or to any other body or entity. So also, any procedure, process, system or other improvements developed by the employee during the period of his service shall become the property of the company.
8) The employee shall not, at any time either directly or indirectly disclose or disseminate to any person, firm or company any information of any kind concerning any matters affecting or relating to the products of the company, the company stocks, shares, stock options of the employees, company services, etc.
9) Without being exhaustive, disclosure or passing of information of any of the following nature shall be deemed to be violation of this agreement.
a. Parting with any information pertaining to the secrets of the company`s trade, and confidential information to any competitor, outsider, etc.
b. Handing over designs, drawings, software or any other materials connected with the company to any competitor, firm or company.
10) It is clearly agreed that in the event of the employee violating any of the stipulations and or terms contained in this agreement, the employee shall be liable to pay liquidated damages as stated in clause (4) above, in addition to becoming liable to pay any other sum or amount that the company may suffer on account of such violation including un liquidated damages that the company may claim against the employee for such violation.
11) The surety has undertaken to ensure that employee fully complies with the terms of this agreement. Further, the surety has undertaken to compensate the company for breach of any of the terms of this agreement by the employee. The surety shall be liable to pay to the company any amount that the employee may become liable to pay to the company on account of breach of any of the terms of this agreement by the employee.
12) Any difference or dispute between the parties arising out of this agreement shall be subject to jurisdiction of the courts at Bangalore only to the exclusion of any other court that may have jurisdiction in the matter.
In Witness whereof, the parties to this agreement have signed and executed this agreement on the above said date, month and year in the presence of: Signature of Company, Employee and Surety