--- On Wed, 10/6/09, Kiran K Karthikeyan <[email protected]> wrote:
> From: Kiran K Karthikeyan <[email protected]>
> Subject: Re: [silk] pay up, or stay here
> To: [email protected]
> Date: Wednesday, 10 June, 2009, 11:55 AM
> 2009/6/10 Kiran Jonnalagadda <[email protected]>
>
> > Wouldn't this fall foul of bonded labour regulations?
> >
> > A friend of mine quit an IT major three months after
> joining, while still
> > in his mandatory training period. His superior said
> she couldn't record it
> > as a resignation. She'd get investigated for that, so
> she was going to mark
> > him as absconding.
> >
> > He received a notice from them demanding he pay up the
> "training fee" bond.
> > A lawyer advised him to ignore it since it wouldn't
> stand in court anyway.
> > He did, and in over six years since, hasn't been
> bothered by them again.
>
>
> Same thing happened to me, but I paid up since the company
> I was joining
> agreed to pay the bond. Incidentally, I did recieve a
> summons from the court
> - so its not ignored by the court and they do give it a
> hearing. Of course,
> if the summons have not been served i.e. if you have not
> recieved it, then
> you have an excuse (I think). A friend of mine changed
> addresses in between
> his time at the same co and therefore got away with it.
>
> Kiran
This is the cleanest way out, where the recruiting organisation picks up the
tab. It has few loose ends, and nothing judiciable except the exceptional
skills clause.
For this reason, the counter to the reluctant employee unwilling to undergo
training is to offer them access to the training at their own cost, to be
reimbursed by the company in installments outside the formal compensation
structure. The employees gain skills, the employer gains capability, there is
no restriction on employee movement, there is no unrecovered investment by the
employer.
Bonds and restrictions on movement are really bad ideas. Software especially.
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