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Ovc000 16th Mar 2019 07:25

Training Bond
 
Hi All,

A year ago I started a new job and signed a training bond for the H145.
Logically the company wants to protect their investment so I fully agree with bonds.

Last year things haven't been as it was promised (nothing on paper) so I'm changing jobs.
Question now is, I've signed the training bond and eventhough it's big amount, I'm willing to pay it since they've invested in me and that's the price I have to pay for it.(Don't want to invite karma to bite my ass).
However, if they give me a hard time for me leaving, I wonder if it is possible to get out of a signed bond with a good lawyer?

Ovc000

parabellum 16th Mar 2019 09:08

A Training bond is a contract and a 'good lawyer' would have to be able to prove breach of contract. Should you win your name will still rattle round the rotary world faster than the speed of light, possibly leaving you difficult to find employment, if not unemployable.

Companies usually respect an individuals right to move on, just so long as they have abided by the agreed terms and conditions of contract, which includes the payment of any outstanding bond.

albatross 16th Mar 2019 18:10

One strange case ...pilot signs a “Training Bond” and at the end of the story is laid off in less than six months due to a downturn in the marketplace with no date of rehire. AKA the award of the “Golden Doorknob”.
A couple of days later the company concerned sent him a bill for his training!
He fought it and won.
IMO if you sign a training agreement for 3 years the company should agree to employ you for 3 years.
If they can’t employ you for the duration of the “Training Bond” then the agreement should become null and void.
Another strange thing was that they tried to bill him at the full charter rate for the aircraft not at non-rev operating rates.
He was a high time pilot with lots of 205 time and just did a 5 hour conversion onto a 212...1 day of ground school and 5 hours in the aircraft plus a 45 minute checkride.




helimutt 16th Mar 2019 18:53

I do believe a bond is enforceable in a court, but, if you do welsh on an agreed bond, then expect your CV to be met with many a visit to the CP trash bins in the future. Its a small industry. People talk.

Saying that, if you're trained for a job, sign a bond, and then subsequently made redundant, there is pretty much no way a bond would be enforceable. I once was offered a non reducing bond over 3 years and told in no uncertain terms, it was repayable, whatever happened. The employer in question had a serious revolving door, and couldn't retain staff, and they must have made a fortune from anyone stupid enough to pay it back once sacked.

lowfat 16th Mar 2019 19:09

You have willingly signed a Legal document I doubt a good lawyer would be able to prove duress was applied to make you sign something.
The only way out is if they no longer employee you of their choice. My training bonds were "bought" by my new employer and guess what.. I had to sign a bond for that.
Its unfortunate when other factors implied or promised do not happen whether due to unforeseen circumstance or down right decit .I've had both but was fortunate in that I found a new employer to take on the bond in 1 case .In the other case i waited for the bond to expire and left as soon as possible.

RHRP 17th Mar 2019 16:20

Training bonds are enforceable under UK law and if you renege, your old employer is likely to write to your new employer informing them that they are party to your defaulting on your agreement and asking them to assist you to repay any money outstanding. In my experience this is usually effective and cheaper than going to court.

Well drafted bonding agreements have a clause which specifically states that the bond is not repayable in the event of redundancy or death.

RHRP

Ovc000 26th Mar 2019 14:02

Thanks for all the info.
If the bond on the contract is written as 50.000 but no mention of VAT, is the bond including VAT so I can claim that back ?
Or will the bond go up by 20% if i want VAT included on it?
OvC

Ascend Charlie 26th Mar 2019 18:45

A school in Oz charged their new-hire instructors a training bond for their new night ratings, instruments, NVG etc, and when a downturn happened and the new-hires were the first ones off, the school asked for the payment of the bonds.

A dispute ensued, and the school lost, because the instructors had been made redundant.

Next time around, the school created a separate "company" to do the training, so the bond was owed to that company and not the school. Next cycle, the new-hire/new-fire had to pay the money back.


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