Obinoscopy: The bolded in the quote was what threw me off balance.

I think it’s high time the NDE drafted an Employment Bill where the rights of both the employee and employer are clearly stated and send to the House of Assembly. Enough of this bully of employees by employers!

The law is already there. Some of the bank chiefs are so confused. That is why they write this kind of nonsense. The house should call them to order. Anyway, which house?

Sisi_Kill: Choi! Naija. . .we like Awoof! Lmao!!

Go to the website of any Higher institution, under the Tuition, Fees and Grants. . .one of the ways they suggest you could use to pay for your tuition is to find a company who is willing to take up that investment and the return for that company is that you work for them for a specified time.

On the getting sacked and still being asked to pay. . .errr. . .If you get sacked, then obviously you weren't meeting up to expectation. I have never heard of an OUTSTANDING worker getting sacked, so you must really suck at the job to be sacked. . .in that case, why on earth won't they ask for their money back??!!

I am seriously laughing my behind off at the so called lawyer saying it is illegal. Where did you get your law degree. . . at the bottom of a cereal box?!

In this case, the training is for about three months and I am sure the person already had a degree so he was not trained by the bank

ijebuboy18: Most def is ACCESS BANK, still got a copy of their offer letter which I rejected, crazy place. Though they hav their reasons which is due to flight of staff 2 other banks wit better pay, grade n working conditions, it really doesn't justify this.@acidtalk,y don't they improve their own working conditions n see whether staff won't stay. This is jst slavery.

Ijebu boy more ijebu garium sulphate for u jor. My thought exactly. There are basically 2 major types of managerial style theory X and Y. If theory X is not working for you (which can never work in todays world), then adopt theory Y and see if ur staff will not be loyal to u....mtcheww. make dem dey there wt their wickedness n evil ways and expect their staff to be looking like zombies, God forbid bad thin. Just imagine, almost evrybody knows it must be Access bank....nonsensically nonsense long hissssssssssssss

Who says access bank has the best training sch? I think this bond thing shows the values of the management of any bank. I have a friend who just completed the first bank trainin sch n I must confess the level of training is grand! They accommodate peeps in the hostel. They feed breakfast lunch n dinner buffet style. They hire the best consultants in town to train and they don't sign any bond. A pity i have a sister who signed access's bond. I dnt like that bank at all.

Sisi_Kill: This isn't new. . .they do it abroad too. A company pays for your education and you are obligated to work for them for a certain period.

If you don't like the idea of working for a company for a specified time or having to pay restitution when you leave. . .then don't take their money for training or school fees. They ain't your daddy, why do you expect them to pay your school fees and request nothing in return?

So how can it be slavery where there is a CHOICE in the matter? Last I checked, slaves didn't have the luxury of saying "As much as the whole binding me in chains and taking me to a foreign land to go work until I die sounds like an exciting life adventure, I'd much rather stay in my land but thanks for offer, really appreciate it."

sisi abeg, you cannot compare one so called training that is local, lasts three months at the most, and does not confer any skills that will make you a high demand professional with school fees. N2 million - some masters degrees abroad can be paid for with that money.

its just a scam the sort of sheet we can expect from AIG "anointing of the snail " - there was one other company scam in which if i remember access had some sort of bad debt issue with coscharis and they resolved it by buying and forcing some fords on staff as status/function car loans that had to be paid off

there's very little difference between the man and those scammers who demand money for job offers

i have never heard of an entry level trainee program anywhere in which you are required to refund money to the company upon leaving. i wish the workers in access all the best, they are indeed on a long thing

sessydoo:

Just listen to urself Sisi Kill! i guess u re one of the slave masters in d banking industry. What you pple dont realise is that if the banking industry continues to run like this, then its "going-concern" is not guarantteed as more people get frightened n discouraged to even work in banks now. You talked about, "if u get sacked that means u re not outstanding in ur job" please have u seen some unrealistic targets banks set for their employees? are u aware some banks' staff recently died of heart-attack just bc they couldnt meet such evil n useless targets? honestly i weep for my generation esp this jungle city called naija...we need ppl, men of honour and integrity that can challenge the status-quo and liberate Nig labour from these "evil" men called bank executives..mtchewww

I must be part of the banking industry to use common sense?

You know what. . .go stand in a corner and suck your thumb. When it's time to play with sansan, we will let you know.

Wallie:

Oponu, who claimed that the contract is illegal? I understand that English language is foreign to you but try reading what I said a word at a time like a didirin. I’ll even highlight the relevant sections for you and if what I wrote is over your head, ask any 8 year old for help.

Awww, Sugomu no need to be pretentious by name dropping your own name. We know who you are.

Talk about English and foreign, why do you wanna be disingenuous? I did not state you said the contract itself was illegal, Dodoyo, I clearly stated the REPAYMENT CLAUSE in the contract is what your arindin self said was illegal.

For the benefit of those reading, what I listed above are some of the ways that a properly executed contract can become unenforceable. This particular contract might be enforceable but the only true way of knowing is if the issue has been litigated in the past.

I took a cursory look at the Labor Act but nothing in there about re-payment of training costs. But I did see the text below, which says that an employment contract can be terminated:

(7) A contract shall be terminated-
(a) by the expiry of the period for which it was made; or
(b) by the death of the worker before the expiry of that period; or
(c) by notice in accordance with section 11 of this Act or in any other way in which a contract is legally terminable or held to be terminated.

http://www.nigeria-law.org/LabourAct.htm

*Disclaimer: I'm not a Nigerian lawyer but the only thing that I've posted so far that is peculiar to Nigerian law is the Labor Act.

Of course a contract will be unenforceable based on what you listed but what the hell does all that have to do with what we are talking about??

In case you don't get it here is the basic -

Employer pays for Employees training. . training which adds more to Employee's value and in essences making him more marketable. In return, Employee signs an agreement with employer that he/she will work for employer for a certain period of time and should employee fail to meet that requirement, he has to pay back what employer spent to make him more marketable.

What is hard to understand here, uncle dadan dato?!!

You are talking about signing under duress and contract being unconscionable because they need the job. . .Lmao! I'd so love to see you argue that in court.

"Oh your honor, my client is not obligated to payback! That contract is unconscionable. . .when he signed the contract, he had no choice because he needed a job or his family woulda starved"

Hmmm, You know what, I changed my mind. . .maybe you are right after all, that IS a good defense. I can see it now. . . Buy a car on credit, don't feel like paying. . .go to court an argue that you the contract that states you need to pay is unconscionable. You had no choice because you needed a car badly and walking put unnecessary hardship on your family.

Take a loan, don't pay back. . .argue that it was done under duress, when you signed the contact, you didn't have a choice because you needed the money badly and lack of money was putting unnecessary hardship on your family.

Go to a restaurant, order the best meals on the menu. . .oh go ahead, don't be shy, pig out! It's not like you are obligated to pay for it, after all it is unconscionable for you to pay for a decision you made when hunger was wayaring your head. . .you needed food badly when you ordered the food and starvation is an unnecessary hardship.

Yep! Mr. Odensen under the petese lawyer, you are so smart 10 Johnny Cochran have nothing on you.

@ Topic
Only the criminally minded will find fault in a company trying to protect its investment. No wonder many companies are now looking to hire people to do jobs they are over qualified for. Who can blame them, why bother spending money to train someone when six months after the training, they leave your company to go work somewhere else. . .claiming the contract was unconscionable.

Shei it is Graduate Truck Drivers y'all are still lamenting over. . .you will soon see Phd Receptionists.

Sisi_Kill:

@ Topic
Only the criminally minded will find fault in a company trying to protect its investment. No wonder many companies are now looking to hire people to do jobs they are over qualified for. Who can blame the companies, why bother spending money to train someone when six months after the training, the leave your company to go work somewhere else. . .claiming the contract was unconscionable.

Shei it is Graduate Truck Drivers y'all are still lamenting over. . .you will soon see Phd Receptionists.

this is not protecting investment - this is just a scam

the people in question are not even confirmed staff.

typically before you are confirmed, you or your employer can basically leave/exit without any notice.

heck i remember back in the day when before shell refined its training program - you could go through the program, pass all the exams etal with flying colours and still flunk the interview and return to job market - but no other oil major would touch you - if this one is not good enough for shell, what will we do with him?

Who does not the characters that rule us and those that control our banks? Revolution!! ! the only way out.

This is a standard Contract for Clinicians

EMPLOYMENT COMMITMENT CONTRACT
This Employment Contract (“Contract”) is made effective as of (insert Mo/Day/Year that contract is to begin), by and between (insert Employer’s Name) (“Employer”), of (insert employer’s address, city, state, zip) and (insert employee’s name) (Employee”), of (insert address, city, state, zip).

DECLARATIONS
Whereas, Employer is engaged in the business of (insert the term describing the nature of the Practice; e.g., Radiology Medical Practice, Cardiovascular Medicine Practice, Medical Imaging Center, etc) and will primarily perform the job duties at the following location: (insert office location or locations where employment will be conducted).
Whereas, Employer desires to have the services of Employee, and
Whereas, Employee is willing to be employed by Employer.
NOW Therefore, the parties agree as follows:

SECTION I. EMPLOYMENT.
Employer shall employ Employee as an Ultrasonographer. Employee shall provide to (Employer) the following services: performance of diagnostic medical ultrasound examinations as ordered by Employer’s physicians. Employee accepts and agrees to such employment, and Employer’s supervisory personnel. Employee shall also perform (i) such other duties as are currently performed by an employee in a similar position, and (ii) such other and unrelated services and duties as may be assigned to Employee from time to time by Employer.

SECTION 2. BEST EFFORTS OF EMPLOYEE.
Employee agrees to perform faithfully, industriously, and to the best of Employee’s ability, experience, and talents, all of the duties that may be required by the express and implicit terms of this Contract, to the reasonable satisfaction of Employer. Such duties shall be provided at such place(s) as the needs, business, or opportunities of Employer may require from time to time.

SECTION 3. COMPENSATION OF EMPLOYEE.
As compensation for the services provided by Employee under this Contract, Employer will pay Employee compensation of (insert $ amount, salary or hourly), payable in accordance with Employee’s usual payroll procedures. Upon termination of this Contract, payments under this paragraph will cease; provided, however, that Employer shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which Employee has not yet been paid, and for any commission earned in accordance with Employer’s customary procedures, if applicable. Accrued vacation will be paid in accordance with state law and Employee’s customary procedures. This section of the contract is included only for accounting and payroll purposes and should not be construed as establishing a minimum or definite term of employment.

[b]SECTION 4. CONDITIONAL PROVISION OF TRAINING SUPPORT.
As a condition of employment, Employer agrees to provide specialized training for Employee. This shall include payment of regular salary- or time-based compensation for the period incurred in travel to/from and in attendance of the training activity, tuition, travel, lodging and meal expenses directly related the training course(s) specified in Exhibit A, attached. Employer agrees to prepay actual tuition, travel, and lodging expenses incurred in the course of the training activity and further agrees to reimburse Employee for his/her actual, documented meal expenses in an amount totaling up to $________. Employee agrees to submit original dated receipts within ten (10) days following the Training activity. Employer agrees to reimburse all documented expenses, subject to the stated limit above, within ten days of submission by Employee. Employee agrees to attend all training activities specified in Exhibit A, and participate fully and in good faith so as to utilize learned skills in the course of his/her subsequent employment under this Contract. Employer shall provide reasonable time and resources to Employee as necessary to allow Employee to incorporate and execute acquired skills into the duties set forth under this contract. Employee agrees to perform due diligence in the incorporation and execution of new skills and information in the course of his/her employment.[/b]

SECTION 5. TERM OF EMPLOYMENT.
This Contract shall begin upon the date of execution set forth herein and shall continue for a period of two years, and thereafter unless terminated by either party with or without cause by the party desiring to terminate serving upon the other party at least 14 days prior written notice of termination during or after the initial year, or it may be terminated by Employer for cause, effective immediately upon service or written notice.

SECTION 6. CONDITIONAL REIMBURSEMENT UPON EARLY TERMINATION.
For value received under Section 4 above, Employee agrees to provide the services agreed to in this Contract for a period of two (2) years from date of execution. In the event of termination by Employee before this two-year period expires, Employee agrees to reimburse Employer for all expenses incurred in the Training activity set forth in Exhibit A. Employee agrees to fulfill reimbursement within thirty (30) days following his/her election to terminate. In the event Employer terminates this Contract prior to this two-year period, Employee shall be under no obligation to provide reimbursement for training activity expenses set forth in Exhibit A.

SECTION 7. SUCCESSORS AND ASSIGNS.
This agreement shall be binding upon the parties hereto, their respective legal representatives, successors and assigns, provided however, that this agreement shall not be assignable by Employee at any time.

SECTION 8. ARBITRATION.
The following provisions shall apply in the event of a dispute between the parties involving the terms of this Contract:
(a) Any disputes arising under or in connection with this agreement shall be resolved by arbitration, to be held in (specify city) in accordance with the rules and procedures of the American Arbitration Association.

(b) All costs, fees and expenses of any arbitration in connection with this agreement which result in any decision or settlement requiring the Employer to make a payment to the Employee, including, without limitation, attorneys fees of both the Employee and the Employer, shall be borne by, and be the obligation of, the Employer. In no event shall the Employee be required to reimburse the Employer for any of the costs and expenses incurred by the Employer relating to such arbitration. The obligation of the Employer under this section shall survive the termination for any reason of this agreement (whether such termination is by the Employer, by the Employee, or upon the expiration of this agreement or otherwise).

(c) Pending the outcome or resolution of any arbitration, Employer shall continue payment of all amounts due under terms of this Contract to Employee without regard to any dispute.

SECTION 9. ENFORCEMENT.
Company and you will to be entitled to pursue all legal and equitable rights and remedies to secure performance of their respective obligations and duties under this agreement, unless otherwise expressly provided herein, and enforcement of one or more of these rights and remedies will not preclude company or you from pursuing any other rights or remedies.

SECTION 10. SEVERABILITY.
In the event that any provision or portion of this agreement shall be determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of this agreement shall be unaffected thereby and shall remain in full force and effect to the extent permitted by law.

SECTION 11. HEADINGS.
The headings of the sections contained in this agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this agreement.

SECTION 12. ENTIRE AGREEMENT.
The entire understanding and agreement between the parties has been incorporated into this agreement, and this agreement supersedes any other agreements and understandings between the parties with respect to Employee’s employment by Employer. There are no other promises, representations, understandings or inducements other than those specifically set forth in this agreement. This agreement may not be altered, amended or added to accept a single writing signed by both parties. This agreement in all matters and issues collateral thereto shall be governed by laws of (specify state) applicable to contracts entered into and performed entirely within the [specify state], with respect to the determination of any claim, dispute or disagreement, which may arise out of the interpretation, performance or breach of this agreement, and will be subject to enforcement and interpretation solely in the appropriate courts of (specify state).

EMPLOYEE ACKNOWLEDGEMENT.
By signing this Contract, I hereby certify that I
(a) have received a copy of this Contract to review and study before signing it; 

(b) have read this agreement carefully before signing it; 

(c) have had sufficient opportunity before signing it to ask any questions about it and have received satisfactory answers to all of my
questions; 

(d) have had an opportunity to discuss it with my own legal counsel and to be advised as to its terms and your obligations and rights under it,
and 

(e) understand my rights and obligations under this Contract.




By Employee:

________________________________________________

________________________________________________
(Print Name)


By Employer:

________________________________________________

________________________________________________
Title

________________________________________________
Print Name


.........................................................................................................................................................................................................
(Page Two)



ATTACHMENT TO EMPLOYMENT CONTRACT AGREEMENT

EXHIBIT A


TRAINING ACTIVITY
(List Provider, Title of Activity, Location, Dates)

Expenses Subject to Prepayment:
(List tuition, travel, and lodging expenses to be paid by Employer)

Expenses subject to Reimbursement:
(Enter amount for which Employee will be reimbursed following the training activity, including ground transportation and meals.)




Initialed by: __________________ __________________
Employee Employer

This is crazy!

oyb:

this is not protecting investment - this is just a scam

the people in question are not even confirmed staff.

typically before you are confirmed, you or your employer can basically leave/exit without any notice.

heck i remember back in the day when before shell refined its training program - you could go through the program, pass all the exams etal with flying colours and still flunk the interview and return to job market - but no other oil major would touch you - if this one is not good enough for shell, what will we do with him?

I don't get it. . .how can they send unconfirmed staff for training??!

Unemployment would bring slavery, unregulated system would bring injustice and injustice to one is injustice to all. It should b a duty of coy. to train their staff, there could be a bond like a fix repayment for that training monthly but not N2m for payment on breach.

Sisi_Kill:

I don't get it. . .how can they send unconfirmed staff for training??!

I came across the Training Bond of a Bank for their new staffs

the training in question is entry level/orientation training

a lot of companies have an inhouse 'management trainee' or similarly named program for entry level hires. at the end of the training, you may be dropped if you don't meet some preset criteria. it is at the end of the training you are then absorbed into the company proper. until then you are just carrying id card. that is what AIG is charging for.

this is like shell, GTB, etal charging fresh hires for failing their program or leaving before it is over

The day I fainted due to stress from this bank work, I knew it was time to leave. Pure slavery in that industry. Your income will not be able to cater for you when the diseases associated with that work start surfacing. Thank God I am no longer working in the bank.

Sisi_Kill:
I must be part of the banking industry to use common sense?

You know what. . .go stand in a corner and suck your thumb. When it's time to play with sansan, we will let you know.




Awww, Sugomu no need to be pretentious by name dropping your own name. We know who you are.

Talk about English and foreign, why do you wanna be disingenuous? I did not state you said the contract itself was illegal, Dodoyo, I clearly stated the REPAYMENT CLAUSE in the contract is what your arindin self said was illegal.




Of course a contract will be unenforceable based on what you listed but what the hell does all that have to do with what we are talking about??

In case you don't get it here is the basic -

Employer pays for Employees training. . training which adds more to Employee's value and in essences making him more marketable. In return, Employee signs an agreement with employer that he/she will work for employer for a certain period of time and should employee fail to meet that requirement, he has to pay back what employer spent to make him more marketable.

What is hard to understand here, uncle dadan dato?!!

You are talking about signing under duress and contract being unconscionable because they need the job. . .Lmao! I'd so love to see you argue that in court.

"Oh your honor, my client is not obligated to payback! That contract is unconscionable. . .when he signed the contract, he had no choice because he needed a job or his family woulda starved"

Hmmm, You know what, I changed my mind. . .maybe you are right after all, that IS a good defense. I can see it now. . . Buy a car on credit, don't feel like paying. . .go to court an argue that you the contract that states you need to pay is unconscionable. You had no choice because you needed a car badly and walking put unnecessary hardship on your family.

Take a loan, don't pay back. . .argue that it was done under duress, when you signed the contact, you didn't have a choice because you needed the money badly and lack of money was putting unnecessary hardship on your family.

Go to a restaurant, order the best meals on the menu. . .oh go ahead, don't be shy, pig out! It's not like you are obligated to pay for it, after all it is unconscionable for you to pay for a decision you made when hunger was wayaring your head. . .you needed food badly when you ordered the food and starvation is an unnecessary hardship.

Yep! Mr. Odensen under the petese lawyer, you are so smart 10 Johnny Cochran have nothing on you.

@ Topic
Only the criminally minded will find fault in a company trying to protect its investment. No wonder many companies are now looking to hire people to do jobs they are over qualified for. Who can blame them, why bother spending money to train someone when six months after the training, they leave your company to go work somewhere else. . .claiming the contract was unconscionable.

Shei it is Graduate Truck Drivers y'all are still lamenting over. . .you will soon see Phd Receptionists.

hey if u knw nothin abt d banking industry then shut d trap n stop spewing rubbish here and stick to whaeva gadem profession u belong...abegiii park well jor...its ppl like u that promote slave trade in d work place, nonsense

sessydoo:

hey if u knw nothin abt d banking industry then shut d trap n stop spewing rubbish here and stick to whaeva gadem profession u belong...abegiii park well jor...its ppl like u that promote slave trade in d work place, nonsense

You are obviously very confused, one minute I must be part of the industry, the next I don't know about the industry. You do know I said suck your thumb not jam it up your nostrils and squish your brain, right?

Just asking.

oyb:

the training in question is entry level/orientation training

a lot of companies have an inhouse 'management trainee' or similarly named program for entry level hires. at the end of the training, you may be dropped if you don't meet some preset criteria. it is at the end of the training you are then absorbed into the company proper. until then you are just carrying id card. that is what AIG is charging for.

this is like shell, GTB, etal charging fresh hires for failing their program or leaving before it is over

Okay, this makes no sense. . .they get a bunch of people, train them, some get picked, others don't. The ones picked are obligated to stay with the company for two or pay N2 million if they leave after the training and the ones who don't get pick practically get the training for free. So what does the N2 million cover??!

Nah, there's got to be more to it than this and the contract posted looks like the Standard Employee Training Payback Contract.

Sisi_Kill:
Okay, this makes no sense. . .they get a bunch of people, train them, some get picked, others don't. The ones picked are obligated to stay with the company for two or pay N2 million if they leave after the training and the ones who don't get pick practically get the training for free. So what does the N2 million cover??!

Nah, there's got to be more to it than this and the contract posted looks like the Standard Employee Training Payback Contract.

sisi, the 'training' is valueless. it is just a glorified weeding process. it is not going to add any value whatsoever to the recipient. you really think i'm going to employ a person because he 'went to access bank training school/was an oando GT/was in shell SITP'?


it is just another nigerian style scam that our crazy employers are able to get away with

WhyAWhy: [size=18pt]As much as I agree that this is not right at all. If the legal system in this country is strong, anyone that signs that bond before getting employment would surely lose the case in court oh.[/size]

Anyone who signed that bond is like signing a document under duress. You know why, because there are no jobs in Nigeria and if you are lucky to land one in a bank, my people, certainly, you will sign any document given to you, and I see that as signing a document under duress, I call this economic duress because the employee is trying by all means to run away from poverty.

Anyway, with a good attorney, anything can happen.

Very very very funny.

U knw y? Am to resume d training b4 the end of dis month in the above mentioned bank...

Thank God I got another option of job otherwise I would have no choice than 2 sign d bond.

If u leave within the 2yrz u would have 2 pay the trainning fee but The part of paying if ur contract get terminated by the bank is what I think there is a misconception. They didn't say anything like that O •°˚˚°•. Though I haven't seen the bond documents but we know what we up against already. If what the poster says is true then I think that's a step 2 far.

omw25: Who says access bank has the best training sch? I think this bond thing shows the values of the management of any bank. I have a friend who just completed the first bank trainin sch n I must confess the level of training is grand! They accommodate peeps in the hostel. They feed breakfast lunch n dinner buffet style. They hire the best consultants in town to train and they don't sign any bond. A pity i have a sister who signed access's bond. I dnt like that bank at all.

Best training in terms of Management, Sales, Operational curriculum and not in terms of Food you eat there. Damn!!! People are just too materialistic.

Here's a thread with comments from people who took the Access Bank Training Program and signed the bond.

Sample comments

deyour: I think you dont have to submit the bond for access bank does not have to be submitted till you leave training school, so i think you can start training school , and continue processing the Ib till you are given your employment letter.

I think Congratulations are in order

drokiri: hello bobo BRUCE,
i am also a trainee in access bank. u can still hold your bond letter for up to two months before you will be asked to submit. but i must tell you the streess is much at the training school. if you dont have accounting background , you may find it a little difficult. so if you wish to leave b4 completing the training, u wont submit your bond on time so that you can MOVE ON to where evr you wish to go.
ALL THE BEST

tunji370: Hello House,
This site is just to wonderfull, constructive and purposefull.Congrats to u Bruce and sorry on ur granMa death.later in future I know u will look back at all this and have all reasons to give thanks to God.
I need some info concerning where u had ur interview with inter and when.

Access bank has the best training programme and thats why ETs are bonded,because it makes u very marketable in the industry and u could be snatched away.presently the take home is 121k making it highest paid untill the resent inters overtaking 2wks ago.

Inter should be anybodies dream bank to work with and bank with.presently the ets new 2.5m is HOT!!!. my take is go for access training pending when u will b called for inter, look at what u will gain interms of knowlegde and contacts.
take care.
Tunji
08038003263

I don't work for access bank, I have no affiliation with them whatsoever. . .I just don't like Alarmist threads/OPs.

^^^

abegi

unless things have changed GTbank has the best training program in the industry

and we don't see them chasing after their trainees like shylocks

instead AIG to focus on making access bank a destination of choice,he is playing shylock , probably because he knows working with oga anointing of the snail is an invitation to die early

Why are people crying wolf over this issue. I believe it is unfair not to look at this from both ends. As an employer, after expending huge cost to train an employee in order to make an employee more valuable, the employee wakes up the next morning and go work for the next competitor. How would you as an employer feel? This is one peculiar reason employees are not considered as asset in Accounting. Would you as an employer be satisfied to spend more on employee training without gaining any value from such expense. Would you not want to protect yourself, especially when you know this training is very important to the employee and the company. People who are saying that it is unfair, please start up your own business, spend money to train your staff and immediately after the training they can go work for your competitors.

PS: It is a known FACT in the banking industry that Access Bank has the best training program for Executive Trainees in the Country. You can confirm from the Human Resource/Capital Dept in any bank.

I think we should be asking why Access is reluctant to go to court.

I attended Intercontinental Bank's Training school for 10 weeks with a monthly allowance of a 100k and a very loaded curriculum compared to the paltry 32k in access. I never signed/saw a bond.

Sisi_Kill:
Talk about English and foreign, why do you wanna be disingenuous? I did not state you said the contract itself was illegal, Dodoyo, I clearly stated the REPAYMENT CLAUSE in the contract is what your arindin self said was illegal.

You just don't get it do you? Oga o! Abi you want me to say it to you in French, didirin dato?! If the repayment clause is illegal that means the contract is unenforceable unless there's a severability clause in there. I know I just went over your korofo head but I'll try to explain to you in a manner that you'll understand since nature has not been kind to you. I can’t blame you; it’s just the hand that you were dealt!

1. If any part of a contract is void or illegal the whole contract, if not yet performed, will most likely be thrown out unless you have a severability clause.
2. A severability clause simply says what to do if any part of the contract is deemed unenforceable.

Sisi_Kill:
You are talking about signing under duress and contract being unconscionable because they need the job. . .Lmao! I'd so love to see you argue that in court.

"Oh your honor, my client is not obligated to payback! That contract is unconscionable. . .when he signed the contract, he had no choice because he needed a job or his family woulda starved"

Hmmm, You know what, I changed my mind. . .maybe you are right after all, that IS a good defense. I can see it now. . . Buy a car on credit, don't feel like paying. . .go to court an argue that you the contract that states you need to pay is unconscionable. You had no choice because you needed a car badly and walking put unnecessary hardship on your family.

Take a loan, don't pay back. . .argue that it was done under duress, when you signed the contact, you didn't have a choice because you needed the money badly and lack of money was putting unnecessary hardship on your family.

Go to a restaurant, order the best meals on the menu. . .oh go ahead, don't be shy, pig out! It's not like you are obligated to pay for it, after all it is unconscionable for you to pay for a decision you made when hunger was wayaring your head. . .you needed food badly when you ordered the food and starvation is an unnecessary hardship. :

I sincerely hope that you're not a lawyer! You need to stop arguing with people above your pay grade! Here’s an actual case with citation that directly contradicts the crap you wrote up there:



Summary of FrostiFresh Corp. v. Reynoso, 52 Misc. 2d 26, 274 N.Y.S.2d 757 (N.Y. Dist. Ct. 1966).

Facts: FrostiFresh (P) sold a combination refrigerator-freezer to Reynoso (D). The sales contract was negotiated in Spanish with a Spanish speaking salesperson and the contract was never translated. The cost of the refrigerator to FrostiFresh was $348 and under the sales contract the price of the refrigerator was $900 with a credit charge of $245.88.

FrostiFresh filed suit against Reynoso to collect on the balance due for the refrigerator. Reynoso asserted that the contract was unconscionable and therefore unenforceable because the price was grossly excessive and because Frostifresh engaged in sharp business practices. At trial the court found that the contract was unconscionable and entered judgment in favor of the defendant. Frostifresh appealed.

Issue: Does a court have the power to refuse to enforce the price and credit provisions of a contract in order to prevent an unconscionable result?

Holding and Rule: Yes. A court has the power to refuse to enforce the price and credit provisions of a contract in order to prevent an unconscionable result.

The principle public policy to be enforced by this modification is the prevention of oppression and unfair surprise. The court held that the sales contract was too hard a bargain and the conscience of the court would not permit its enforcement as written. The court held that Reynoso must reimburse Frostifresh for the refrigerator at cost because he had not returned it.

Disposition: The contract was not enforced but Reynoso was required to pay $348, the amount Frostifresh had paid for the refrigerator.

Sisi_Kill: This is a standard Contract for Clinicians
SECTION 6. CONDITIONAL REIMBURSEMENT UPON EARLY TERMINATION.
For value received under Section 4 above, Employee agrees to provide the services agreed to in this Contract for a period of two (2) years from date of execution. In the event of termination by Employee before this two-year period expires, Employee agrees to reimburse Employer for all expenses incurred in the Training activity set forth in Exhibit A. Employee agrees to fulfill reimbursement within thirty (30) days following his/her election to terminate. In the event Employer terminates this Contract prior to this two-year period, Employee shall be under no obligation to provide reimbursement for training activity expenses set forth in Exhibit A.

Read the part in red again or have someone read it to you if you can't read. Now go back to the first page and compare that clause to the repayment clause. Can you see why the contract is unconscionable?

Hint (since the fungus don eat your brain):
If you quit, you pay! If I fire you, you pay!

@Sisi_Kill

Just in case your dumb hass wants to come back with more retarded examples:

Examples of Unconscionable Contracts

By Emma François, last updated at 2011-06-28

A skydiving company requires all clients to sign a contract whose terms are fixed and the customer can not negotiate (what is known as an adhesion contract). The customer found that each company offers skydiving only the same kind of contract. The courts would probably find each membership contract unconscionable.

The iniquity of substance occurs when the contract itself contains terms that are unfairly oppressive to some. This usually occurs when one party has significantly greater bargaining power, allowing it to dictate the terms.

A big motorcycle seller creates a standardized contract that contains a lot of fine print ("boilerplate", which shifts the risk of all mechanical defects to the buyer. The mat would be incomprehensible to the average citizen. The courts would probably find this unacceptable.

The procedural unfairness, whenever a contract was unable to understand its terms, and therefore unfairly surprised when it comes time to perform his contractual duties.

Unfair in a contract refers to unfairness in the bargaining process or contract terms. Unfairness is determined by the state of affairs when the contract was concluded.

http://how-to-x.info/513472-examples-of-unconscionable-contracts.htm

Wallie: @Sisi_Kill

Just in case your dumb hass wants to come back with more retarded examples:



http://how-to-x.info/513472-examples-of-unconscionable-contracts.htm

My God i need to pm you if you don't have a problem with it.

@ post
There isn't much to say that "REASONABLE PEOPLE" have not already pointed out.That bond by the bank is simply unconscionable and unreasonable.

Adeone: my question is simple,must you work in a bank?

its easy for u to say. I wish i could say d same thing.

I must say that this Wallie guy has potent points. Looking to get more of that from N.landers.

@Wallie, you have all the time in this world, honestly. I am a lawyer, and I learnt this basic principle of contract in restraint of trade and had since posted a position that in Nigerian Law, that contract will either not be litigated or will fail woefully on grounds of public policy. The problem with sissy kill and indeed the average Nigerian is that we know it all and would argue with professionals in fields that are alien to us. I even indicated that Globacom bonded some of us after trainings abroad and we walked away and nothing has happened more than 7 years after. Citing authorities here will not make the numbed brains to jerk back to life. If you go into the mechanics of a jet engine, I will not argue based on my little knowledge acquired studying physics, but in NL, people must post rubbish to argue with facts that have since been determined by courts of competent jurisdiction and those cases used as precedents over time.

@Sisi_Kill, I want you to go through Wallie posts on this page and revert back to me.

@Wallie, you're an intellect. You understood my position in toto. You even used Sisi_Kill's model contract bond to drive home your point! You made her use her own gun to shoot herself on her feet