Hi All
I am working in a Software organization from the past 4 years and now I am planning to move out for better opportunities. I got couple of offers from companies out of which one offer is from employer's client. The employer knew this by some means and now asking me to sign a document stating the following conditions.
1) 3 Months notice period
2) 3 Lakhs in cash for my recent training expenses
3) A 6 months gap before I join any client of employer after relieving.
The above points 2 & 3 are stated in the Employee Handbook which gets updated every year. This handbook is updated after one such incident happened last year. The following handbook is just sent as an email and we don't acknowledge or sign the following handbook.
The handbook disclaimer states the following:
The policies, procedures and standard practices described in this manual are not conditions of employment. This manual does not create an express or implied contract between the employer and any of its employees located anywhere in India.
Also wanted to add few points which will help in coming to a conclusion on the issue. I have signed in appointment letter/NDA when I joined, few points are:
1) In the event of your resignation or termination of services, either side will have to give a notice of 3 months or pay 1 month gross salary in lieu of such notice - If required I should pay 1 months salary or 3 months salary? Will company object this and extend?
2) If the company sends your abroad for some special training program, the company may require you to sign a minimum period of service contract and you should not deny it - The following contract was not asked/mentioned before traveling or after I came back to India.
3) In NDA: The following point is vague and I did not understand the following
I shall neither during the period of employment nor for a period of one year after the termination of employment, either directly or indirectly, a) hire or person as an independent contractor for "COMPANY"; (Does this mean to my company or to any company?) b) ask any other person as an independent contractor for "with any other entity; or c) induce or attempt to influence any other person working as an independent contractor for "COMPANY" to terminate any employment or agreement with "COMPANY".
How do I come out of the following smoothly. Chances of me joining the other company?
Thanks in advance for people helping.
From India, Chennai
I am working in a Software organization from the past 4 years and now I am planning to move out for better opportunities. I got couple of offers from companies out of which one offer is from employer's client. The employer knew this by some means and now asking me to sign a document stating the following conditions.
1) 3 Months notice period
2) 3 Lakhs in cash for my recent training expenses
3) A 6 months gap before I join any client of employer after relieving.
The above points 2 & 3 are stated in the Employee Handbook which gets updated every year. This handbook is updated after one such incident happened last year. The following handbook is just sent as an email and we don't acknowledge or sign the following handbook.
The handbook disclaimer states the following:
The policies, procedures and standard practices described in this manual are not conditions of employment. This manual does not create an express or implied contract between the employer and any of its employees located anywhere in India.
Also wanted to add few points which will help in coming to a conclusion on the issue. I have signed in appointment letter/NDA when I joined, few points are:
1) In the event of your resignation or termination of services, either side will have to give a notice of 3 months or pay 1 month gross salary in lieu of such notice - If required I should pay 1 months salary or 3 months salary? Will company object this and extend?
2) If the company sends your abroad for some special training program, the company may require you to sign a minimum period of service contract and you should not deny it - The following contract was not asked/mentioned before traveling or after I came back to India.
3) In NDA: The following point is vague and I did not understand the following
I shall neither during the period of employment nor for a period of one year after the termination of employment, either directly or indirectly, a) hire or person as an independent contractor for "COMPANY"; (Does this mean to my company or to any company?) b) ask any other person as an independent contractor for "with any other entity; or c) induce or attempt to influence any other person working as an independent contractor for "COMPANY" to terminate any employment or agreement with "COMPANY".
How do I come out of the following smoothly. Chances of me joining the other company?
Thanks in advance for people helping.
From India, Chennai
Dear Mr Anamika, You have not mentioned about Notice period as per the Terms of Appointment mutually agreed & accepted?
From India, New Delhi
606From India, New Delhi
Notice period terms are mentioned in the appointment letter which I agreed to Srinath sir
From India, Chennai
From India, Chennai
you have mentioned that you have recently undergone Training Programme.
3 Lakhs in cash for my recent training expenses.Please provide the date of Training Programme? Approximate Cost incurred by Management?
It appears that immediately after the said Training Programme, you are Planning to Join Competitor Company?
From India, New Delhi
3 Lakhs in cash for my recent training expenses.Please provide the date of Training Programme? Approximate Cost incurred by Management?
It appears that immediately after the said Training Programme, you are Planning to Join Competitor Company?
From India, New Delhi
Appreciate your reply sir.
I have been sent to UK for some external training for 2 weeks. I was only trained for 3 days. The approx cost will be 2.5 lakhs. But they should have asked me to sign an agreement for this which is mentioned in my offer letter. They did not ask for it.
The handbook says that I need to pay this. But is the hand book valid and considered???
I am planning to join competitor company which doesnt deal with the things I have learned in my training.
From India, Chennai
I have been sent to UK for some external training for 2 weeks. I was only trained for 3 days. The approx cost will be 2.5 lakhs. But they should have asked me to sign an agreement for this which is mentioned in my offer letter. They did not ask for it.
The handbook says that I need to pay this. But is the hand book valid and considered???
I am planning to join competitor company which doesnt deal with the things I have learned in my training.
From India, Chennai
Dear Mr Anamika,
inspite of asking you to provide date of your Training Programme you have not furnished the same for reasons best known to you. You are mentioning "Some External Training" inspite of attending the training Programme, you are not willing to mention Topic of Training again for reasons best known to you.You have admitted that you have been trained for 3 Days & Management has incurred cost of Rs2.5 Lakhs. The Employer may make claim for recovery of the cost incurred for your Training abroad.You do not want to furnish factual information.Your arguments are not legally tenable based on the information furnished.
From India, New Delhi
inspite of asking you to provide date of your Training Programme you have not furnished the same for reasons best known to you. You are mentioning "Some External Training" inspite of attending the training Programme, you are not willing to mention Topic of Training again for reasons best known to you.You have admitted that you have been trained for 3 Days & Management has incurred cost of Rs2.5 Lakhs. The Employer may make claim for recovery of the cost incurred for your Training abroad.You do not want to furnish factual information.Your arguments are not legally tenable based on the information furnished.
From India, New Delhi
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