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Training bond

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1 Training bond on Wed Sep 27, 2017 6:06 pm

tin_guarin98


Arresto Menor
Hi atty.,
Badly needed your help.I just got my training a week ago and this would last for 62days in one of the multi -national company here in the phils.Before the training starts the hr let us signed the agreement bond if we quit the before the training period ends.P60k for the first 2weeks if we quit and the amt is getting lower while the training continues.I stayed only for five days coz i find it hard and my health issue also requires.i got only 2-3hrs of sleep during my training that feels me groggy during the day.so i cant function well during my training.That why i decided to quit.I spoke to our training coordinator and explains my situation but he doesnt allow me.On the night of my last day i emailed the HR telling her that im gonna quit my training but i dont get any response.Then i decided to mail my training materials back to them.But after a week i just received a letter coming from them indicating that i have to pay the 60k pro rated cost during my training.

Atty. do i really have to pay that full amount?coz i believe my 5day training wont cost that amount?

Pls.help.Thank you!

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2 Re: Training bond on Wed Sep 27, 2017 6:13 pm

babybear


Arresto Menor
Up. Same tayo pero hindi pa ako trained

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3 Re: Training bond on Wed Sep 27, 2017 6:18 pm

tin_guarin98


Arresto Menor
Is it legal to hold on to the employee that wants to quit?

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4 Re: Training bond on Wed Sep 27, 2017 6:23 pm

babybear


Arresto Menor
IDK. I think kaya may bond kasi natrain ka na nila and you have to pay for your "training"

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5 Re: Training bond on Thu Sep 28, 2017 7:45 am

mikos23


Reclusion Perpetua
1) contract is binding an legal. Yes you have to pay for the training bond since they have invested time and resources for that.
2) no it is not legal to hold the employee, that would be involuntary servitude.

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6 Re: Training bond on Thu Sep 28, 2017 9:11 am

Patok


Reclusion Perpetua
basta pumirma ka.. you have to honor the contract..

you can always resign / quit, but you have to pay the bond indicated in your contract..

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7 Re: Training bond on Thu Sep 28, 2017 1:28 pm

tin_guarin98


Arresto Menor
Yes i know they trained me but only for 5days and i dont think that cost for 60k.Training venue is only at there ofiz.manuals are all xerox copies.

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8 Re: Training bond on Thu Sep 28, 2017 2:06 pm

mikos23


Reclusion Perpetua
There are many trainor who's fee is 70k per day, no matter where the venue. My training fee is 40k per 2 days. Your company, a multi national company, is only asking 60k for 5 days. You should be thankful that its only 60k. Besides, regarding the amount, you don't have any say on how much it suppose to be. The trainor do that. Trainors invested time and money to gain the knowledge we have and a chance to use that knowledge to earn to train others, and we don't appreciate others belittling our fees.

Still a contract is a contract. If the contract is favorable to you, would you complain? If its not favorable, you will whine about how unfair it is?

If you seek legal advice, honor the contract

If you seek advice that would console you, go to the company and negotiate, either to forego the amount or lessen it.

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9 Re: Training bond on Fri Sep 29, 2017 9:36 am

tin_guarin98


Arresto Menor
Let me just clear it.Training is not a one on one basis for me to shoulder that amount.In the first place trainors that conducted the training is just there employees.

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10 Re: Training bond on Fri Sep 29, 2017 12:54 pm

mikos23


Reclusion Perpetua
No matter, cost of training is done by the company, it includes the cost of the trainor (or employees that they have) plus resources plus the possible productive output or possible income they can gain from the trainees, etc. Training cost also made by the company to discourage those that would leave them and used the experience they gain in another employment. This is the way they are getting back their investment on the trainees.

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11 Re: Training bond on Fri Sep 29, 2017 2:10 pm

cc-m


Arresto Menor
babybear and tin_guarin-

so basically, was is not understandable for you before signing the said contract?

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12 Re: Training bond on Fri Sep 29, 2017 10:59 pm

wind_technician


Arresto Menor
Please note that below, is just my opinion..

Training bond is a means for a company to recover their training investments. When they send people to training and the employees acquire important skills, they naturally increase their market value. However in my opinion, implementation should be REASONABLE for both parties.

I was told basically, employment trainings excluding self financed trainings can be categorized as 2 types:

1. Trainings that are essential to qualify for a required process or work certifications. Usually the required process or work certifications are in house requirements meaning trainers are also in house. Although true that such training do cost money to employers, they do have specific employees designated to conduct trainings (e.g. manufacturing process certifications, company specific call center certification, etc.). Since this is an in house requirement, the cost in my opinion, should not be shouldered by the new employees. Take note that the employer, usually for compliance reason, defined the requirement that a new employee must be trained to such process or work certifications.  Training bonds in such type of trainings if used to prevent an employee from leaving, in my opinion, is against their right to resign from employment in general. However, despite this, the employee who decides to resigns, do still need to comply with the 30-day notice rule except in the following situations:

   -Serious insult by the employer or his representative on the honor and person of the employee;
   -Inhuman and unbearable treatment accorded the employee by the employer or his representative;
   -Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
   -Other causes analogous to any of the foregoing.

Unfortunately, most often, this type of training is used to psychologically if not legally bind an employee from leaving like in the BPO due the fast transition rate in industry. BPOs conducts nearly identical training courses during new employment, despite the fact majority of the newly hired are already experienced agents. In reality, its not a matter of returning the training investment but a way to retain much needed agents that can easily be swayed to or by another company, due higher offers of compensation and benefits.

Training abroad under this type, is a different thing. Considering the high cost for travel, accommodation including the training itself. Although logically, it is the same as above. It would be unethical for any professional just leave the company hanging without any return of investment. If you feel that you already want to resign and a training opportunity such as this comes knocking, just decline it if you can and if you feel you won't be able to commit to the training investment provided  to you.

2. Industry standard or skill based certifications including academic courses, often done outside the company. If an employee requested for such training out of his own volition to improve his qualification and the cost shouldered by the company. This would definitely merit a training bond since basically you are asking the company to invest in your self improvement. It is basically a loan and payment is done in expected length of service to the company. If however, it is done with the same condition as in number 1, meaning it was not your choice but for compliance reason, you had to qualify to a process or work, then that is another matter I guess. Again, If you feel that you already want to resign and a training opportunity such as this, comes knocking, just don't request for it if you feel you won't be able to commit to the training investment provided to you.

Again, Training bond should be REASONABLE for both parties.

After resignation, an exit clearance is afterwards conducted, this is usually when HRs enforces the training bond and can often lead to withheld salaries or COE, since implementation if discretionary from company to company.

If claim to withheld salaries or COE is elevated to NLRC, success would depend on how you would support your argument based on the reason you have leave along with why such training and its bond should not be held liable for training investment cost and inhibit you from resigning.

If the reason for leaving is indeed health related as mentioned on the opening of this topic.. it can be justifiable as "other causes" for resignation assuming one can provide proof (e.g. lab test, medical abstracts, certificates, etc.) when the need arises.

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