In this case, your employees have the right to sue MOM if your company insists that it pay the full training fee, as this has not been communicated to employees. If the clause relating to such training is not linked to the employment contract, you have the right to demand the full cost of training and to deduct from the staff salary. For example, if the worker can prove that he or she signed the contract under duress or coercion, or that he or she did not understand the extent of the bond, this could be a successful defense against a right to occupational health and safety. Currently, my company has no educational requirements for employees who are undergoing training and who subsequently leave the company at the end of the study. When a loan is requested from the company, the practice for us is to write a letter to the employees indicating all the conditions of the sponsorship for the course to be taken. Staff must sign the letter in confirmation/approval of the specified conditions; including the clause that staff are required to reimburse course fees to the company if staff leave/resign within a specified period of time (including termination of services by the company). This reimbursement could be modulated so that, if the staff goes in 6 months, 8 months or whatever follows the end of the course, the amount of the reimbursement could be estimated proportionally. If the General Staff had not been informed in advance of its obligations/obligations, I think the company may not have recourse to employee fees. Before concluding a contract of employment involving an obligation to work, both the employer and the worker must understand their rights and obligations under the collective employment clause. Employment obligations are very useful for employers. It is an employer-friendly instrument to deter employees who resign as soon as something "better" happens to them after the employer`s investment in the worker. It helps employers minimize their losses in those where the worker has to stay with the employer for a certain period of time.
For employees sponsored by the company for other studies, the length of the commitment period is related to the total value of the sponsorship money. Fortunately, while taking a contractual approach, the court will also protect staff from exploitation. The courts will not hesitate to consider that a work sentence is unenforceable if it appears excessive or considered a penalty clause. Employers should take this into account when proposing the terms of a borrowing clause. Continuing education, in-demand skills and personnel programs. At first glance, this seems fair and reasonable – the employer should have the right to demand compensation and recovery for money spent on expensive training, upgrades and continuing education.