Hello Friends,
I joined my current IT company overseas 1.5 years back on Indian Offer. I think my situation is bit complicated so describing below.
As usual, offer letter has following conditions under the clause \"Restrictive Covenant\"
1) For a period of two years after the employment You will not directly or indirectly solicit take up employment with any person, company during a period of two years
2) You shall not takeup employment employment directly or indirectly with such customers on behalf of yourself or any other firms or company
Apart from this,
They issued a deputation letter suggesting \"Your deputation for the execution of Order received from Customer A\"
There is one more condition under the caluse \"Miscellanious\" in deputation letter:
While working on the assignment and for a period of tow years after the completion of the assignment, you shall not take or do any business with customer without a
written permission from the company.
From Australia, Perth
I joined my current IT company overseas 1.5 years back on Indian Offer. I think my situation is bit complicated so describing below.
As usual, offer letter has following conditions under the clause \"Restrictive Covenant\"
1) For a period of two years after the employment You will not directly or indirectly solicit take up employment with any person, company during a period of two years
2) You shall not takeup employment employment directly or indirectly with such customers on behalf of yourself or any other firms or company
Apart from this,
They issued a deputation letter suggesting \"Your deputation for the execution of Order received from Customer A\"
There is one more condition under the caluse \"Miscellanious\" in deputation letter:
While working on the assignment and for a period of tow years after the completion of the assignment, you shall not take or do any business with customer without a
written permission from the company.
From Australia, Perth
Now coming to actual part:
There is a Customer B who gave project to CustomerA. Now Customer A outsourced some part of their work to my company.
I mean this is a sub-contracting work so though my client on deputation letter is Customer A actually I am working for the work given by Customer B
Now, I got a contract offer from Company C for the Customer B. Can i accept this contracting offer
There is no any other undertaking signed other than offer letter and deputation.
Please suggest what should be done?
Thanks in advance
From Australia, Perth
There is a Customer B who gave project to CustomerA. Now Customer A outsourced some part of their work to my company.
I mean this is a sub-contracting work so though my client on deputation letter is Customer A actually I am working for the work given by Customer B
Now, I got a contract offer from Company C for the Customer B. Can i accept this contracting offer
There is no any other undertaking signed other than offer letter and deputation.
Please suggest what should be done?
Thanks in advance
From Australia, Perth
Dear friend,
Your case is little confusing. After reading it over and over, I have made a flowchart. Please check the attached file and confirm whether I have understood you correctly.
For other things, please check my comments in the italics: -
Since you are not taking direct or indirect employment, you are not violating this clause.
Who are "they"? Is this your current company or your past company?
If your current company has got project for Customer A then theoretically speaking, there is no violation as such. This is because you worked for Customer A and not for customer B in your past employment.
Nevertheless, you may seek permission from your past employer. As such you have completed 1.5 years since you have left them. Therefore, 75% of time period is over. Left with only 25%
But before approaching your past company on your own, I recommend you approaching your HR or other authorities concerned of the company. Keep them in loop of information about these clauses of the employment of the past company. Let them decide whether it is appropriate to keep your past company informed on the type of work you will handle for Customer B. Rather than you approaching your past company, it is always better if your current company approaches your past company.
Final comments: - You need to develop your written communication skills. Communication is not just body language or eye contact but also "ability to convey complex information". Better start building this competency now itself, lest it could be too late once you acquire higher designation.
Thanks,
Dinesh V Divekar
From India, Bangalore
7884Your case is little confusing. After reading it over and over, I have made a flowchart. Please check the attached file and confirm whether I have understood you correctly.
For other things, please check my comments in the italics: -
Since you are not taking direct or indirect employment, you are not violating this clause.
Who are "they"? Is this your current company or your past company?
If your current company has got project for Customer A then theoretically speaking, there is no violation as such. This is because you worked for Customer A and not for customer B in your past employment.
Nevertheless, you may seek permission from your past employer. As such you have completed 1.5 years since you have left them. Therefore, 75% of time period is over. Left with only 25%
But before approaching your past company on your own, I recommend you approaching your HR or other authorities concerned of the company. Keep them in loop of information about these clauses of the employment of the past company. Let them decide whether it is appropriate to keep your past company informed on the type of work you will handle for Customer B. Rather than you approaching your past company, it is always better if your current company approaches your past company.
Final comments: - You need to develop your written communication skills. Communication is not just body language or eye contact but also "ability to convey complex information". Better start building this competency now itself, lest it could be too late once you acquire higher designation.
Thanks,
Dinesh V Divekar
From India, Bangalore
Hello Dinesh, thank you for your valuable response. Your response has provided me a much needed relief. Sorry for improper use of wording and communication skills.
I am still working for my current company. I have resigned and last date is decided. In fact, I have been working with my current company for last 1.5 years. I mean they in deputation letter is current company.
Can I call you to discuss on this if you don't mind. I can even share my contract and deputation letter.
Regards,
Indian11
From Australia, Perth
I am still working for my current company. I have resigned and last date is decided. In fact, I have been working with my current company for last 1.5 years. I mean they in deputation letter is current company.
Can I call you to discuss on this if you don't mind. I can even share my contract and deputation letter.
Regards,
Indian11
From Australia, Perth
Hello,
Further to what Dinesh mentioned, Points 1 & 2 you mentioned do not make logical OR objective sense.
Your Points (1) & (2) give the meaning that you SHOULD NOT WORK AT ALL for 2 years after leaving this company--at least that's the meaning that come-out. Pl correct/elaborate.
I think Dinesh has got the Flow Chart Right--pl confirm reg this aspect, as the suggestions that members would give depends on THEIR understanding of your situation.
From what I gather/understand, you DON'T NEED TO WORRY at all.
Your Company got the Order from Company A--making Company A your PRESENT COMPANY'S client.
However, you got the Offer from Company C. Essentially, this seems to be that you got the Offer from your Present Company's Competitor [your Present Company's & Company C's client being the SAME--Company C]--IS THAT RIGHT?
I suggest you to go thru your Offer/Appointment Letters of your Present Company for ANY MENTION relating to these aspects: Is there any reference to Project/Order-based OR Competitor-based moving of jobs--OR ONLY client/company-based references?
If there's ANY reference to Project/Order-based OR Competitor-based references, then you will be on sticky wicket. However, like you mentioned, IF it's just limited to Client/Company-based references, then you DON'T NEED TO WORRY AT ALL.
SUGGEST HAVE A RELOOK @ the Clauses & the Fine-print--usually such clauses are Competitor-based--meaning that the employee should not join any competitor company. Rarely it's related to client-based wording.
Prima-facie, this SURELY looks to be a very poorly worded Agreement/Offer.
All the Best.
Rgds,
TS
From India, Hyderabad
Further to what Dinesh mentioned, Points 1 & 2 you mentioned do not make logical OR objective sense.
Your Points (1) & (2) give the meaning that you SHOULD NOT WORK AT ALL for 2 years after leaving this company--at least that's the meaning that come-out. Pl correct/elaborate.
I think Dinesh has got the Flow Chart Right--pl confirm reg this aspect, as the suggestions that members would give depends on THEIR understanding of your situation.
From what I gather/understand, you DON'T NEED TO WORRY at all.
Your Company got the Order from Company A--making Company A your PRESENT COMPANY'S client.
However, you got the Offer from Company C. Essentially, this seems to be that you got the Offer from your Present Company's Competitor [your Present Company's & Company C's client being the SAME--Company C]--IS THAT RIGHT?
I suggest you to go thru your Offer/Appointment Letters of your Present Company for ANY MENTION relating to these aspects: Is there any reference to Project/Order-based OR Competitor-based moving of jobs--OR ONLY client/company-based references?
If there's ANY reference to Project/Order-based OR Competitor-based references, then you will be on sticky wicket. However, like you mentioned, IF it's just limited to Client/Company-based references, then you DON'T NEED TO WORRY AT ALL.
SUGGEST HAVE A RELOOK @ the Clauses & the Fine-print--usually such clauses are Competitor-based--meaning that the employee should not join any competitor company. Rarely it's related to client-based wording.
Prima-facie, this SURELY looks to be a very poorly worded Agreement/Offer.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear Sateesh,
You and me both of us have given long reply. However, nothing of sorts what we felt. Yesterday, the poster of this post spoke with me. He is still working in the company. After speaking with him, I realised the real situation.
For the poster of the post: - Nothing is complex in your case. Your poor drafting skills have brought the complexity. Ideally you should have draft the post like this:
+++++
Dear friends,
I work in company X. My company has deputed to work me in company Y. Notwithstanding this deputation I continue to remain on the payroll of the company X and terms of employment are governed by this company. Following are clauses with respect to my employment even after quitting my current employment:
a) ______
b) ______
In the course of deputation to company Y, this company got project from company Z and this is how I started working for company Z.
Now after 1.5 years of employment with company X, I am looking for better job opportunity. In my job search, I got one offer from one recruitment company. They will keep me on their payrolls but they will assignment project work for company Z.
Now my question is if I take this job, will I violate my current company's post-employment conditions as stated above? It may be noted that while working for the project at company Z, I do "P' type of work and if I take up new employment it will be 'Q' type of work. Therefore, the company for which I will do the project, though it is same, their is dissimilarity in the type of work.
Please advise.
++++
Additional comments for the poster: - I have already pointed out to you about your need to improve your drafting skills. Do not get biased towards technical expertise alone. Earlier there was discussion on "Use and Throw" of senior employee. Go through my following reply to know why it happens:
https://www.citehr.com/456368-use-th...anagement.html
(scroll down to read all the replies)
Thanks,
Dinesh V Divekar
From India, Bangalore
You and me both of us have given long reply. However, nothing of sorts what we felt. Yesterday, the poster of this post spoke with me. He is still working in the company. After speaking with him, I realised the real situation.
For the poster of the post: - Nothing is complex in your case. Your poor drafting skills have brought the complexity. Ideally you should have draft the post like this:
+++++
Dear friends,
I work in company X. My company has deputed to work me in company Y. Notwithstanding this deputation I continue to remain on the payroll of the company X and terms of employment are governed by this company. Following are clauses with respect to my employment even after quitting my current employment:
a) ______
b) ______
In the course of deputation to company Y, this company got project from company Z and this is how I started working for company Z.
Now after 1.5 years of employment with company X, I am looking for better job opportunity. In my job search, I got one offer from one recruitment company. They will keep me on their payrolls but they will assignment project work for company Z.
Now my question is if I take this job, will I violate my current company's post-employment conditions as stated above? It may be noted that while working for the project at company Z, I do "P' type of work and if I take up new employment it will be 'Q' type of work. Therefore, the company for which I will do the project, though it is same, their is dissimilarity in the type of work.
Please advise.
++++
Additional comments for the poster: - I have already pointed out to you about your need to improve your drafting skills. Do not get biased towards technical expertise alone. Earlier there was discussion on "Use and Throw" of senior employee. Go through my following reply to know why it happens:
https://www.citehr.com/456368-use-th...anagement.html
(scroll down to read all the replies)
Thanks,
Dinesh V Divekar
From India, Bangalore
Thanks Dinesh for your time to discuss with me, your guidance and describing my problem in an easy to understand way.
If I join recruitment consultancy offer and work on the project from company Z, Will I be violating any of the clause ?
My deputation letter which I have signed clearly says that my client is Company Y. There is not mentioned about Customer Z.
Thanks & Regards,
Indian11
From Australia, Perth
If I join recruitment consultancy offer and work on the project from company Z, Will I be violating any of the clause ?
My deputation letter which I have signed clearly says that my client is Company Y. There is not mentioned about Customer Z.
Thanks & Regards,
Indian11
From Australia, Perth
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