I would like to see if my company inserts in the Business Directive a clause stipulating that employees must compensate the full course costs to the company if employees resign by way of company funds within one year of the end of the training. Before enrolling in the training course, my employees did not sign any form of loan or agreement and the staff manager did not explain to the employees our corporate policy clause. The Mailbox Management Institute 2987 – 00100, represented by the duly qualified regional manager, Mr. Saman Kinh, is called the “Institute” and means the Institute of Management or the “employer” as it is formed today or from time to time during the implementation of this agreement, employment obligations are very useful for employers. It is an employer-friendly tool to discourage workers who give up their jobs as soon as something better happens after the employer has invested in the worker. It helps employers minimize their losses in situations where the worker must stay with the employer for a period of time. Employers often want to take out a loan for the job in order to protect themselves against the departure of workers before spending a minimum period in the company. As a general rule, the Tribunal takes an approach to contractual freedom and the parties can include what they want, but the Court intervenes in cases where the contractual terms are illegal or abusive. For example, if the employee can prove that he signed the contract under duress or coercion or did not understand the extent of the loan, it could be a successful defence against a debt from a employment loan. If a staff member decides not to take out the loan, they may be required to pay the amount of the liquidated damage in the contract. However, if the amount of the money is considered a penalty and not a compensation and a true estimate of the damage, the court may decide that it is still illegal and unenforceable. While the courts try to associate a party with its contractual obligations, it is clear that the courts will not hesitate to declare the labour obligation provisions unenforceable if they are excessive or disproportionate, and that they are indeed a sanction. The amount set in advance must be reasonable and proportionate if the employer wants to tax it.
The legality of the obligations depends on the circumstances of this case. If the parties freely and unconstrainedly accept a predetermined amount of money as a true estimate of damages, this could be valid and enforceable. However, if it is unilateral or inappropriate, or if the amount is disproportionate to what was invested in the employee, it is deemed unenforceable.