Hi, I have been working for a reputed automotive MNC since last October. Because I got a better offer with lots of opportunities to grow, I resigned on September 9. Since the company has a strict 3-month notice period policy (buyout is possible only with the consent of the management which they almost never give), I am going to continue working till December 8. After resigning, I had a talk with the HR representative for my team who said that my first visit to Germany will be treated as training/customer orientation, the costs of which (travel, stay and perdiem) will be recovered because I am essentially leaving the company within a year of my coming back from Germany. Here are the details of my situation: 1. I found that such a clause did not exist in my offer letter or my joining letter; however, it does exist in a exit GUIDELINE document that I was not aware of before resigning. 2. The guideline document says that the costs of the first visit to Germany will be recovered because the company considers the first visit as training. 3. Now I am a person with more than 9 years of experience in this field, and the visit to Germany was not training/development at all; the company does not refute this statement as well. 4. I have not signed any paperwork agreeing to this clause; in fact, only a handful of people even knew that the guideline existed before I informed them of it. 5. I traveled on a work visa and I have my travel plan report that essentially talks about the tasks I was responsible for during my time in Germany and the final documentation on the completed tasks. 6. The HR person said that it is a legal obligation and the amount is in excess of 3.5 lakhs.They said they will also be able to provide me with a letter in my company's letterhead detailing that I owe the company this amount. Is this a legal document? I am trying to find out if in fact it is legal if I have not signed any documents agreeing to this clause. Moreover, it is a guideline document, which I understand are not valid in court because they are not even policies to begin with (Am I correct in assuming this?). I am concerned that if I don't pay this amount, they won't give me an experience certificate or my relieving letter. How do I proceed with this? Please help!
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The company cannot recover Rs 3.50 lakhs from you
2) you are an experienced employee with 9 years experience . In fact you went abroad for work purposes as evident from tasks accomplished by you on your trip abroad
3) at no stage was this exit guideline conveyed to you nor was your consent obtained
4) refuse to pay the said amount
5) even if company does not give you an experience letter don't sign any letter acknowledging your liability to pay said amount
Hello,
1) For the simple reason that the said clause is in the exit guide lines and that you have never agreed/signed the said stipulation to be a part of your Employment Agreement and that you have not consented to it you are not bound by such a clause.
2) It was not even necessary for you to have served the notice period as no company can bind you against your right to livelihood.
3) If they refuse to issue you the relieving letter/experience certificate, you can take them to court.Send them a legal notice to begin with and seek compensation in case you are impacted in any way because of the delay caused in issuance of these documents by the present employer.
As long as you didn't agreed to this clause, by way of signing this GUIDELINES, or by whatever way they call it, there demand is illegal. Had you signed these guidelines, case would have been different.
if you are leaving the company after serving the notice period and your resignation fulfill all the terms of the employment contract then no one can force any liability on you.
But if those guidelines forms a part of your employment agreement and you were in knowledge of exsistence of such guidelines or the employer believes that you were ought to be in knowledge then such liability can be enforced.
Also bear in mind that SC previously in such matters wherein the company recovered amount against training has given orders that recovery was legal, since company invested on the employee for the well being of the company.
Regards
1. If this clause is not existing in the employment offer letter neither you were informed about this while the company sent you to the foreign country, you can challenge their stand in the court of law.
The exit guidelines is not covered in the employment offer letter.
2. If this conditions was not informed to you at the time of sending you to Germany, then you can protest it and challenge the same.
3. Dont worry about the non-existent clause.
4. You can state the same when it is enforced agaisnt you.
6. Let them give a demand notice to you in this regard after which you can challenge the same in the court of law, they will not be able to maintain their claim.
