Dear All,
I am employed by an Indian subsidiary of a German company. Currently I am onsite at Germany on an local German contract for a limited duration.
On my Indian deputation contract (different from the local German contract) it says that I have to serve a minimum of 2 years after returning to India. I have a possibility to join the German company on a permanent basis. But the Indian subsidiary would not allow that. Can you please let me know what my options are. Also can you please let me know if the minimum 2 years clause is enforceable by law. Thank you.
From Germany, Stuttgart
I am employed by an Indian subsidiary of a German company. Currently I am onsite at Germany on an local German contract for a limited duration.
On my Indian deputation contract (different from the local German contract) it says that I have to serve a minimum of 2 years after returning to India. I have a possibility to join the German company on a permanent basis. But the Indian subsidiary would not allow that. Can you please let me know what my options are. Also can you please let me know if the minimum 2 years clause is enforceable by law. Thank you.
From Germany, Stuttgart
No contact/ agreement/ bond can stop you from joining another company for your professional betterment, as said by the Apex Court. At maximum the company can recover the actual amount spent on you for any special training given to the employee. In your case, it seems that you have been only deployed in Germany and not under any training, hence you are not required to serve for 2 years as such bond is not enforceable by law. However, before proceeding further, the contract is to be looked into considering the legal aspects.
From India, Kolkata
243From India, Kolkata
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Service agreement.doc