Please refer to the clause below and share your inputs on whether these are enforceable in the Indian labor court or not. Also, can an employee refuse to agree to these clauses in the Employment Contract? Is an employee obligated to sign for the same as this is part of the Employment Agreement? Isn't it a Bond Clause?
Can we make an HR employee sign for this in the IT sector?
In an IT sector where we have no rotational work projects or such options available to them in their role and responsibilities:
"During the employment with the Company, the Company may assign the Employee to work on an engagement outside of India (a 'Foreign Assignment'). It is the expectation of the company that the employee will return to India and will work with the company for at least 6 months. Otherwise, the employee agrees to pay the company in DD the INR 50,000 and such other amount as may be determined by the company at its sole discretion and communicated to the employee."
From India, Gurgaon
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Can we make an HR employee sign for this in the IT sector?
In an IT sector where we have no rotational work projects or such options available to them in their role and responsibilities:
"During the employment with the Company, the Company may assign the Employee to work on an engagement outside of India (a 'Foreign Assignment'). It is the expectation of the company that the employee will return to India and will work with the company for at least 6 months. Otherwise, the employee agrees to pay the company in DD the INR 50,000 and such other amount as may be determined by the company at its sole discretion and communicated to the employee."
From India, Gurgaon
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Employee return clause
The employee will return to India and work with the company for at least 6 months. Otherwise, the employee agrees to pay the company INR 50,000 via DD. Is that okay?
However, it is not advisable to include the following clause: "and such other amount as may be determined by the company at its sole discretion and communicated to the employee." This part of the clause is problematic as it does not specify the value and remains open-ended.
It is recommended not to sign such a vague contract.
From India, Mumbai
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735The employee will return to India and work with the company for at least 6 months. Otherwise, the employee agrees to pay the company INR 50,000 via DD. Is that okay?
However, it is not advisable to include the following clause: "and such other amount as may be determined by the company at its sole discretion and communicated to the employee." This part of the clause is problematic as it does not specify the value and remains open-ended.
It is recommended not to sign such a vague contract.
From India, Mumbai
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ISO 2008 vertion changes of clauses.pdf
India Employee NDA new (2).doc