Share
Received a full and final recovery letter from company.
Question
I joined a company and there was an MOU amount of Rs. 70000 for 18 months mentioned in the offer letter. I decided to leave the company after 5 months out of which I worked as a trainee for 3 months where I learned about the job.
I gave them a notice period of 2 months (as per the offer letter) but they decided to relieve me immediately.
Now I have received a full and final recovery letter from HR for Rs. 55000 as the recovery amount (they have already recovered 15000 from my pending salary).
Here are the exact terms and conditions mentioned in the MOU:
In the event that the Trainee fails to complete the entire training period or fails to continue in the employment of the company for a period of 18 months post the training or in the event the company terminates the training on account of any breach by the trainee, the trainee shall pay the company a sum of Rs. 70000 as the cost associated with the training towards damages and the company shall be entitled to recover the damages from the trainee or deduct the damages from any dues payable to the trainee by the company. The trainee acknowledges that the actual amount that the company would incur on his/her training would be much higher than 70000 and therefore the damages payable by the trainee to the company for any breach as stated in this MOU is fair and just.
The courts at Mumbai alone shall have exclusive jurisdiction in case of any dispute arising out of this MoU or the offer letter.
This MoU is not an employment contract or a contract for services that the trainee has executed with the company.
This MoU and the offer letter comprise the entire agreement between the trainee and the company and all other understanding and agreements between the company and the trainee shall terminate upon execution of this MoU and upon the trainee signifying his/her acceptance under the offer letter.
I am not in a position to pay the remaining 55000 as I am not working currently.
Should I write a letter to the company for waiving the pending amount?
Will it create any trouble for me if I am not able to pay the amount?
How should I proceed with this situation?
Answer ( 1 )
If you have received any kind of formal training when you joined the company then the company is within its bound to demand Rs. 70,000 as agreed by you however if there was no training imparted then you can dispute the applicability of the clause and give a legal notice to the company for proving what kind of training was imparted etc.