Hello, I am working in Germany with TCS since 2 years. Recently I have received a good new job offer from another German company. I have signed their work contract and they are in the process of making my new WP. I had to sign a TCS international bond in India when I first left for Germany. As TCS keeps a high notice period for overseas associates I realize that my new company will not wait for that long after processing my WP. So, i plan to quit TCS without really serving the huge notice period. I have a question - do any one have such experience with TCS on such issues and what will be the bond breach amount they normally ask for. If it is a practical amount for me, i would give and if TCS asks me for a fancy amount, then i will not give. Will this kind of Bond create problems for me in Germany. request practical replies and appreciate for for your help.

contact a Lawyer specialising in Arbeitsrecht. They will be able to guide you if you will have problem in germany. They charge by the hour and the 100-200 Euros you pay is well worth for a peaceful conclusion.

There are many facets to your question resulting from the International element of your case: Indian employer, German work place.

Broadly speaking, the answer mainly depends upon the question which law is applicable – German or Indian law. With respect to that issue it is important to understand, that the question of which law is to be applied is determined in the first place in the country where the potential claimant seeks action. So if, for example, your employer takes action in India – supposed it is a proper jurisdiction- then the Indian courts will examine which law is applicable according to their laws of conflict.

Now, your question is whether the bond will create problems for you in Germany. This hints to your suggestion of your employer taking action in Germany. Consequently, in case of trouble on "German soil", it will be German courts that will have to assess the validity of the bond and - as a preceding question - will have to say which law to apply according to the erman conflict of law.

In order to hazard a guess wether they will subject the bond to German law, more information is needed.

If the German courts, however, determine that German law is applicable, then one has to define what kind of bond you actually deal with.

If, as you hint it to be, it is a bond stipulating that you have to work for a pre-determined period of time with this one company and leaving beforehand will entail a money penalty for the simple fact that you leave because you have found a better paid job with another company, then such a bond is invalid under German law.

There are other clauses that could be construed as “bonds” like “pay back clauses” for special training which the company on its cost invested in you and wants to get (partially) back if you shift workplaces before a fixed period of time.

Then there are so called “non competition clauses”.

Here – again according to German law- the validity of these have to be examined on their own merits.


Rechtsanwalt_Jain@yahoo.de

Hi Chanoj

Any update on your WP work. I am also in the same boat.

Thanks,
Sanjay

@Sanjay, you know it's a 5 years old post, right?

D.