Quitting Job On Medical Ground - Is Breach Of Training Bond?

Hi, My brother worked with KPO for around 4 months, thereafter He was sent for training to US by the co, after coming from US he worked for one and half month but due to night shift his health was not favoring him to work. Before he went, company has got the Bond signed by him in which it was mentioned that an individual has to pay 2 Lac if he leaves before 1.5 years and has taken the cheque of 2 Lac. As he was suffering from various health n psychic problems moreover due to night shift he was not feeling well persistently, he always had a headache so he took rest for a a week and gradually was not able to continue his job with the company and quit the job. Also we have provided the medical certificate to the company that he is not able to do night shift anymore. In bond it is also mentioned that person has to bear/give the expenses that has been occurred during the course of training. Here, I want to ask whether in these circumstances is this bond is legal i.e is he bound to pay or not and if yes what some of amount 2 lac or the entire training expenses. .

Please advice...
11th September 2013 From India, Pune

my recommendation is you should write an application to the leader/ Head HR share your medical reports and on rgounds of the same look at an exception for not paying the amount.
ensure you write all facts and make a request
12th September 2013 From India, Chandigarh

Hi ,
First go through the agreement clause wise.Have they mentioned what ever
the reason may be the trainee can Not leave the job ? study this . If yes then
your brother has to reimburse the cost of training . If such clause is Not mentioned
then you can deny the reimbursement on ground of physical incapacity to perform
the duty .
Ethically its better your brother discusses his problem with the Head - HR and
request him to give day shift if it possible ...Company has spent two lakhs on
training as you have mentioned definitely it will expect that the employee should
not leave the Job as it will be loss to the company.
Hope i am on right track.
Regards
Rajeev Dixit
12th September 2013 From India, Bangalore

Hi Rajeev,
I agree with your point, there is a clause of whatsoever reason
Which amount we need to reimburse 2 lacs or whole training expenditure as training was
for 4 months.
I attached the some key conditions of bond for reference.
13th September 2013 From India, Pune

Attached Files (Download Requires Membership)

bond condition.jpg (191.1 KB, 1026 views)

Hi , As per what you have attached it seems clear that you have to pay the amount which ever is higher .ie : towards training ,boarding , lodging etc OR two lakhs ...... Regards Rajeev Dixit
13th September 2013 From India, Bangalore

As Mr Dixit has rightly said, since the employer has incurred an expenditure towards your BOARDING, LODGING, TRAINING COST AND ANY OTHER COST spend on the employee. The said amount is recoverable by the employer from the employee since he/she has resigned from the post for whatsoever reason as mentioned in the terms and condition of the bond/agreement duly accepted by the employee by signing. If the expenditure is more than the bond amount then such increase has to be paid, and if in case the expenditure is less than the bond amount then bond amount equaling to Rs. 2 Lac has to be paid.
16th September 2013 From India, Ahmadabad