HRSINGAPORE Community Discussions

Clause in Employment Contract

Question

Hi HR Professionals,

I would like to check if my company include a clause in the company policy stating that employee need to compensate full course fees to company if employee resign within 1 year after completed training courses sponsor by company. Before enrolling for the training course, my staff didn’t sign any bond form Or agreement and HR manager did not explain our company policy clause to staff.

After course completed, my staff want to resign. At this time my manager mentioned that our company policy clause to staff and ask for full amount course fees from the staff. Sound like company delicate not to informed staff before enrol training course. Do you think my staff have the right to refuse to pay full amount course fees to company?

If company insist to deduct amount from his last salary, Can he complain to MOM regarding this?

JP


Reply 1

In this case your staff is eligible to file case to MOM if your company insist him to pay full amount on the training cost, as this had not been communicated to staff. Unless the clause for such training is bonded with employment contract then you have the right to ask for full amount of training cost and deduct from staff's salary.

Kat


Reply 2

Is such clause found in your staff handbook? For us we do brief the staffs and have a agreement signed before confirm the enrollment.

Grace


Reply 3

Look at the contract and if it is indicated then staff need to pay back.

Chandy


Reply 4

Our company has this clause in our handbook which HR will run through with staff on the first day of work. We also inform staff before he/she sign up for any company sponsored course, and have them sign a bond.

For company sponsored courses, there will be a bonding period depending on the course fees as shown in the guideline. This shall be made known to employee before he/she attends the course. Violation of bond shall render to employee’s disqualification to the course fee.

In any case, should an employee, for any reason whatsoever, decide not to complete his/her course of study, or fail to attain a minimum attendance of 90% without an acceptable reason, or leave the company before completion of servicing the company for the period of six (or 12 or 24) months immediately after course end, he/she is deem to be disqualified for the sponsorship, and the amount of liability is calculated as full course fee (or pro-rated) plus other amount claimed under such sponsorship.

Jamilah


Reply 5

If a bond is required by the company, the practice for us is to write a letter to the staff stating all the terms of the sponsorship for the course to be taken. The staff has to sign the letter in acknowledgement/agreement to the terms stated; including the clause that should the staff leaves/resigns (including termination of services by company) within a certain period, the staff is obligated to reimburse the company for the course fees. This reimbursement could be staggered in such a way that if the staff leaves in 6 months, 8 months or whatever after completion of the course, the reimbursement amount could be pro-rated accordingly. If the staff had not been informed beforehand of his obligations/commitment, my take is that the company may have no recourse to recover the fees from the staff.

Jennifer


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