As with any agreement, both parties must agree on the terms of the loan. This will be different depending on a number of variables, with the course or training in question. The cost of training, direct and indirect, The duration of the training, the necessary break time, are weighed against a reasonable time for the in exchange for the employee to the company. The P.O. Box 2987-00100 Management Institute, represented by Mr. Saman Kinh, a duly qualified regional manager, designates the institute “institute” and includes the establishment of management or the “employer” as it is constituted today or from time to time during the implementation of this agreement. When the worker is simply trained at work, this is often seen only as a benefit to the company and not to the worker. In this case, it could be considered unfair and therefore illegal to bind them. However, if the worker obtains a formal qualification or an equivalent qualification recognized by the sector through training which is clearly an advantage for himself, the company has a valid case to hire him, to take advantage of the costs and investments he has suffered. The employer merely submitted that the master had signed a training contract stipulating that the master was bound for 24 months.
The master argued that he had to resign because of the insecurity of the work environment. The master also submitted that he had been constructively dismissed by the employer. The court rejected the master`s reasons and issued a judgment to the employer on the $27,641.51 required for the training loan. After reviewing the evidence, the Tribunal rejected the master`s argument for constructive release. First, the Court has set an objective legal review in cases of constructive dismissal; “if, in the same situation as the worker, a sensible person would have felt that the essential conditions of the employment contract would be substantially altered” (Couleurr/Royal Trust Co, point 26). Second, on the evidence, there was no constructive termination in court.