Legal Question in Employment Law in India

I work in an IT firm and have put my resignation. The HR states that as per a clause in one of the HR policies, which states that if an employees travels abroad for certification/training and leaves the organization before 1 year of returning from abroad, he is liable to pay all the expenses incurred by the company.

Now, in my case, I traveled on B1 visa to the US, but I did not go for training. I was allocated with work from day 1, and was also billable, i.e. the client paid for my 15 days trip there.

All the expenses were paid by the US based client and not the company.

I had my formal training before leaving for the US and did not attend any training there, I have proofs of the same.

Based on this, I told my HR that I am not liable to pay anything to the organisation, but they are harassing me and not accepting my resignation, even when I am ready to serve the complete notice period and do proper handover to the new member in my team.

Please guide me what I need to do.


Asked on 10/14/13, 1:22 am

2 Answers from Attorneys

Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Send them a legal notice through an advocate. If they hold your dues then complaint to the Police station. You may also drop a detailed query at [email protected]

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Answered on 10/14/13, 6:50 am


Fca Prashant Chavan Expert Edge LLP

15.10.2013

Dear Sir / Madam,

The Company is wrong on asking you to pay training costs when no such training has been rendered and in fact you worked for the US client from the day you landed there and the Company has billed the client for your work and also got paid. You should point blank deny that you are going to pay any money to the Company and that you should be relieved from service on the last working day on completion of your notice period service in the Company.

The worst case scenario may be that the Company may not pay you your notice period salary stating that they have recovered the notice period salary towards training that they provided you with before you proceeded to the US for Company work.

Regards,

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Answered on 10/15/13, 9:37 am

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