Please refer to the below clause and share your inputs on - are these 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 an IT sector wherein we have no rotational work project 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 back 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
Can we make an HR employee sign for this - in an IT sector wherein we have no rotational work project 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 back 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
Employee will return back 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. Is okay.
But it is bad: and such other amount as may be determined by the company at its sole discretion and communicated to the employee. this part of clause is bad because clause does not specify the value and kept open ended.
Do not sign such vague contract.
From India, Mumbai
581But it is bad: and such other amount as may be determined by the company at its sole discretion and communicated to the employee. this part of clause is bad because clause does not specify the value and kept open ended.
Do not sign such vague contract.
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employment Agreement.pdf
Employment Agreement.doc