Hi All,
I want to ask you all a question.
I started my career with an IT company A. I was sent on a project to company B on a contract basis. My hard work and dedication paid off; company B offered me a permanent role, and I accepted. When B initiated a reference check, A gave me a red remark, stating that I cannot join companies that had former associations with my parent company. I then came up with an idea. What I can do is join company C, which sends its employees on a contract basis to Company B. B has promised me that after 3 months, they will offer me a permanent position (although I don't have a written commitment from them). Now, after 3 months, when B carries out the reference check, I am confident that A will give me a red mark and C will give me a green mark.
What I want to know is, if after a few years, I decide to quit B and join D, will the red mark from my first company have any impact on my career?
Could someone please guide me on this?
Thanks,
Arpita
From India, Mumbai
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I want to ask you all a question.
I started my career with an IT company A. I was sent on a project to company B on a contract basis. My hard work and dedication paid off; company B offered me a permanent role, and I accepted. When B initiated a reference check, A gave me a red remark, stating that I cannot join companies that had former associations with my parent company. I then came up with an idea. What I can do is join company C, which sends its employees on a contract basis to Company B. B has promised me that after 3 months, they will offer me a permanent position (although I don't have a written commitment from them). Now, after 3 months, when B carries out the reference check, I am confident that A will give me a red mark and C will give me a green mark.
What I want to know is, if after a few years, I decide to quit B and join D, will the red mark from my first company have any impact on my career?
Could someone please guide me on this?
Thanks,
Arpita
From India, Mumbai
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Arpita,
Let me tell you something... Don't keep hopping from company to company. The only impact you will have is the short period during which you have been serving the company. Other than that, not every company will have such complex situations. I suggest you speak with the "B" company. The only reason the "A" company is showing a red signal is due to attrition or short work periods. There won't be anything else regarding the red mark.
From India, Bangalore
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20Let me tell you something... Don't keep hopping from company to company. The only impact you will have is the short period during which you have been serving the company. Other than that, not every company will have such complex situations. I suggest you speak with the "B" company. The only reason the "A" company is showing a red signal is due to attrition or short work periods. There won't be anything else regarding the red mark.
From India, Bangalore
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Hi Arpita,
A question for you before we could suggest: Have you signed a non-compete agreement with A? I guess it's yes; otherwise, nobody can hold you back from joining any company just by giving that reason. If no, you are not bound legally to A, and you can explain yourself to B.
Thank you,
Anirudha
From India, Mumbai
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A question for you before we could suggest: Have you signed a non-compete agreement with A? I guess it's yes; otherwise, nobody can hold you back from joining any company just by giving that reason. If no, you are not bound legally to A, and you can explain yourself to B.
Thank you,
Anirudha
From India, Mumbai
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Mahesh,
I disagree with you on this; not every company has such complex situations. Arpita has not replied to my question, and I feel it should be a yes because of which she is not able to move to B. It's an industry practice, Mahesh, where employees or contracting firms have to sign a non-compete with the parent company. It's widely used in the US where you have C2C practices. I am sure the Indian firms that have consultants on contracts have the same practice unless somebody in the forum can shed some light on it.
Appreciate your inputs. Thanks, Ani
From India, Mumbai
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I disagree with you on this; not every company has such complex situations. Arpita has not replied to my question, and I feel it should be a yes because of which she is not able to move to B. It's an industry practice, Mahesh, where employees or contracting firms have to sign a non-compete with the parent company. It's widely used in the US where you have C2C practices. I am sure the Indian firms that have consultants on contracts have the same practice unless somebody in the forum can shed some light on it.
Appreciate your inputs. Thanks, Ani
From India, Mumbai
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Dear Arpita,
In India, many IT companies are using the non-compete clause in their Appointment Letters. Please check your appointment letter, and if it is there and as you had signed that letter, you would be in big trouble. You have backstabbed your organization in terms of the faith they had shown in you.
Hope you will understand and talk to your organization for a mutual agreement on the same.
Regards,
Garima Singhwal
From India, Delhi
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In India, many IT companies are using the non-compete clause in their Appointment Letters. Please check your appointment letter, and if it is there and as you had signed that letter, you would be in big trouble. You have backstabbed your organization in terms of the faith they had shown in you.
Hope you will understand and talk to your organization for a mutual agreement on the same.
Regards,
Garima Singhwal
From India, Delhi
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Dear Arpita,
Life is quite complex; let's try to make things simpler. All this juggling will only make companies distrust you to honor the secrecy bond. And of course, there is always this issue of being 'disloyal' by not sticking around for a while. Since most companies do a check, this loose end may crop up. You could always approach your company and see if this issue can be worked out.
Regards
From India, Visakhapatnam
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Life is quite complex; let's try to make things simpler. All this juggling will only make companies distrust you to honor the secrecy bond. And of course, there is always this issue of being 'disloyal' by not sticking around for a while. Since most companies do a check, this loose end may crop up. You could always approach your company and see if this issue can be worked out.
Regards
From India, Visakhapatnam
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NON-COMPETE AGREEMENT ADDENDUM.doc
Delhi High Court Ruling on Non-compete Agreement.pdf