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. A loan contract is a recorded promise made by an employee to the employer that promises the employer to pay a certain amount to the employer if it leaves the organization before the agreed deadline. This agreement is usually reached when a staff member joins a new organization. In addition to financial compensation, the agreement may include a non-compete clause or confidentiality agreement. 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. 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. Penalty clauses, such as clauses preventing a worker from leaving his or her job when no training, continuing education or valuation costs have been spent, are also illegal. A job loan or a contract may have the conditions, for example.
B the period during which an employee must work with the company before that period, the employee cannot leave the organization, and many more things can be mentioned in a loan, such as the date on which the salary or compensation and fees are released. Other conditions and allowances, such as mobile phones, transport facilities, must be provided or not, and if it is there, how all this is paid. How to maintain presence and punctuality. If a worker arrives late two or three times a week, the wage is deducted when a worker takes unauthorised leave, then a serious act is committed, the wage/wage package of the worker is mentioned in the survey, the incentive criteria, the name on which the worker is appointed, all this should be clearly mentioned in the clauses of the contract of employment. A job loan is a contract that prevents workers from committing certain acts. The employment obligation is an agreement reached by the company and the employee in all conditions of employment. However, workers should still have the right to resign, even during the agreed period. An employment contract is not intended to “enslave” the worker or prevent the worker from leaving. It allows the employer to make the effective estimate of the injury only if the employee withdraws during the borrowing period. It seems fair that the employer is able to get compensation for the money spent on the worker`s training and care. There is no provision in the Employment Act for employment obligations. Any dispute over employment obligations is governed by the terms of the employment contract and must be settled in a civil court.
A job loan is an agreement between the employer and the employee that stipulates that the worker remains in the company after entering the company or after sending to training for a specified minimum period. They also agree that if the worker leaves before the agreed deadline, the worker will have to pay the employer a certain amount, the so-called liquidated damage, as compensation.