I am employed by an Indian subsidiary of a German company. Currently, I am on-site in Germany under a local German contract for a limited duration. On my Indian deputation contract (which is different from the local German contract), it states that I must serve a minimum of 2 years after returning to India. I have the possibility to join the German company on a permanent basis, but the Indian subsidiary would not allow that. Could you please inform me about my options? Additionally, can you clarify if the minimum 2-year clause is enforceable by law?
Thank you.
From Germany, Stuttgart
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Thank you.
From Germany, Stuttgart
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Legal Implications of Employment Bonds
No contact, agreement, or bond can stop you from joining another company for your professional betterment, as stated by the Apex Court. At most, the company can recover the actual amount spent on you for any special training provided to the employee. In your situation, it appears that you were only deployed in Germany and not undergoing any training; therefore, you are not obligated to serve for 2 years since such a bond is not enforceable by law.
However, before proceeding further, the contract should be examined in light of the legal aspects.
From India, Kolkata
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247No contact, agreement, or bond can stop you from joining another company for your professional betterment, as stated by the Apex Court. At most, the company can recover the actual amount spent on you for any special training provided to the employee. In your situation, it appears that you were only deployed in Germany and not undergoing any training; therefore, you are not obligated to serve for 2 years since such a bond is not enforceable by law.
However, before proceeding further, the contract should be examined in light of the legal aspects.
From India, Kolkata
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