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one trainee break a bond..even we have his original testimonials.. one trainee break a bond..even we have his original testimonials..
We spend lot of money on his training..and without work we paid lot..
on a very critical situation,he ignore to work..
what can we do?
please reply soon?


From India, Mumbai
Hi,
Trainee
"We spend lot of money on his training..and without work we paid lot.."
1) Did you got any bond for this if so you can revoke the clauses.
2) Is there any certificates given during the training period - You may ask for the same since those have been qualified through company.
3) You can seek a legal advise to phrame letter revoking the clauses applicable in the appointment order.
With Regards,
Thiru

From Germany, Herzogenaurach
hi,
Since, this is a common situation faced by all organisation, we should be smart enough to take preventive steps before such situation arise. Suppose, if we are recruiting somebody for a position which demands more expertise, he has to be given relevant training before assigning responsibilities.
If we are appointing somebody, in the appointment letter itself we can clearly mention that he/she is expected to stay with the institution for a minimum period of ---yrs. It will be like a mutual agreement and we are keeping their testimonials also as surety. Also, you can clearly say that, during the period of training or service, if they break, they have to pay a compensation.
This has to be clearly communicated to them before inducting them, otherwise the organisation will become a mere training college for others.
Regards
sreedevi

From India, Kochi
If you already quote in your appointment order clearely you can claim the money for the company, to keep his original certificates is totally not accepted by the law. Have you given a notice to him, and have you started a domestic enquiry for your concern?
Please consult with your legal advisor on this issue, he will give proper advise after looking your papers and the nature of the situation.
Amh- gm hr.

From India, Madras
[QUOTE=rafeec.com;1111993]one trainee break a bond..even we have his original testimonials.. one trainee break a bond..even we have his original testimonials..
We spend lot of money on his training..and without work we paid lot..
on a very critical situation,he ignore to work..
what can we do?
please reply soon?
Hi
Please try and understand that BUISNESS IS THROUGH MAN. Without people no company can flourish. If someone quits we start talking about laws/ rules bla bla bla...... but plz understand if he loves the company and feels the ownership in it he will never think of going even in bad times.

Think about it, it is a common sense unfortunately not so common.....
If he is going, bid a nice farewell so that he turns to be a network for your company. This will help your company to grow and I think that is your company's 'GOAL'.
Regards
Anshuman
9891225186

From India, Delhi
  • You have already executed a bond and both parties are expected to follow the terms of bond. You can revoke the relevant clause in bond to protect your interests.
  • I am not sure practice of keeping original testimonials is legal and ethical. Seniors please give your views.
Thanks & regards

From India, Pune
Hi,

I) Please initaite the following actions.

a) Prepare a legal notice through a legal advisor for claim of liquidated damages. This will cover the cost of training- travel cost, resource cost, cost of executive time. These are clearly enforceable in law.

b) If the notice is not given a proper reply then a suit can be filed for recovery of liquidated damages.

II) Some have used te term "revoking" the clauses. Please note revoking means withdrawing/ calling back the clasues. It should be invoking the clauses.

III) The comment on talking about law when the employee quits appears one sided. What do the organizations do if the aspiration of the person becomes bigger than that the organization provide? Is the employee not greedy?

Companies can not grow by bidding farewell to some one who has quit after a short stint and without contributing. Farewell is a sign of gratitude for your contribution and association for considerably fair time and not for AYA RAM AND GAYA RAM kind of people.

Kind regards

Dayanand L Guddin

HR Advisor

BOBST INDIA

Pune.

From Singapore, Singapore
You can take action against him only in that way if he has signed a contract letter with you according to the rules of company if you are at right then you can go for court.
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From Pakistan
dear
everyone is writing to do this thing and that thing.please let me clear you that keeping of original documentas of
someone to work for you is a criminal offence under the law.it is also unethical practice and such type of bonds may be legal in other countries but they donot have ant legal sanctionity in india

From India, Delhi
Hi, I believe what Anshuman saya is very ture. I really appreciate his honest and practical thought. Regards, Namita
From India, Kochi
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