Hi all, I have been working in a software organization for the past 4 years, and now I am planning to explore new opportunities. I have received a couple of job offers, one of which is from the employer's client. The employer has become aware of this and is now requesting me to sign a document outlining the following conditions:
1) A 3-month notice period
2) Payment of 3 Lakhs in cash for recent training expenses
3) A mandatory 6-month gap before I can join any client of the employer after leaving the current position
Employee Handbook Updates
Points 2 and 3 are mentioned in the Employee Handbook, which is updated annually following an incident last year. The handbook is typically sent via email, and employees do not acknowledge or sign it.
The disclaimer in the handbook states that the policies, procedures, and practices outlined are not employment conditions and do not establish a contract between the employer and its employees in India.
Appointment Letter and NDA Provisions
In addition to the above, I have signed an appointment letter and a non-disclosure agreement (NDA) when I joined, which includes the following provisions:
1) Upon resignation or termination, either party must provide a 3-month notice or pay one month's gross salary in lieu of notice. I am unsure if the company may insist on the 3-month salary payment.
2) If sent abroad for special training, a minimum service contract may be required, which was not mentioned before or after my return to India.
3) Regarding the NDA, there is a point that seems unclear to me:
"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 any person as an independent contractor for 'COMPANY'; b) engage any person as an independent contractor with any other entity; or c) influence any person working as an independent contractor for 'COMPANY' to terminate employment or agreement with 'COMPANY'."
I am seeking advice on navigating this situation smoothly, especially considering potential opportunities with another company.
Thank you in advance to all who provide assistance.
From India, Chennai
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1) A 3-month notice period
2) Payment of 3 Lakhs in cash for recent training expenses
3) A mandatory 6-month gap before I can join any client of the employer after leaving the current position
Employee Handbook Updates
Points 2 and 3 are mentioned in the Employee Handbook, which is updated annually following an incident last year. The handbook is typically sent via email, and employees do not acknowledge or sign it.
The disclaimer in the handbook states that the policies, procedures, and practices outlined are not employment conditions and do not establish a contract between the employer and its employees in India.
Appointment Letter and NDA Provisions
In addition to the above, I have signed an appointment letter and a non-disclosure agreement (NDA) when I joined, which includes the following provisions:
1) Upon resignation or termination, either party must provide a 3-month notice or pay one month's gross salary in lieu of notice. I am unsure if the company may insist on the 3-month salary payment.
2) If sent abroad for special training, a minimum service contract may be required, which was not mentioned before or after my return to India.
3) Regarding the NDA, there is a point that seems unclear to me:
"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 any person as an independent contractor for 'COMPANY'; b) engage any person as an independent contractor with any other entity; or c) influence any person working as an independent contractor for 'COMPANY' to terminate employment or agreement with 'COMPANY'."
I am seeking advice on navigating this situation smoothly, especially considering potential opportunities with another company.
Thank you in advance to all who provide assistance.
From India, Chennai
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You have mentioned that you have recently undergone a training programme. Did you receive 3 lakhs in cash for your recent training expenses? Please provide the date of the training programme and the approximate cost incurred by the management.
It appears that immediately after the said training programme, you are planning to join a competitor company.
From India, New Delhi
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631It appears that immediately after the said training programme, you are planning to join a competitor company.
From India, New Delhi
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Appreciate your reply, sir.
I have been sent to the UK for some external training for 2 weeks. However, I was only trained for 3 days. The approximate cost will be 2.5 lakhs. They should have asked me to sign an agreement for this, as mentioned in my offer letter, but they did not request it.
The handbook states that I am required to pay this cost. However, I am questioning the validity and enforceability of the handbook in this situation.
I am considering joining a competitor company that does not deal with the subjects I have learned during my training.
From India, Chennai
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I have been sent to the UK for some external training for 2 weeks. However, I was only trained for 3 days. The approximate cost will be 2.5 lakhs. They should have asked me to sign an agreement for this, as mentioned in my offer letter, but they did not request it.
The handbook states that I am required to pay this cost. However, I am questioning the validity and enforceability of the handbook in this situation.
I am considering joining a competitor company that does not deal with the subjects I have learned during my training.
From India, Chennai
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