Hi, I am from India, work with TCS India, have been deputed to Germany on an onsite project. Before I started my deputation, TCS forced me to sign the MODA bond agreement which at that time we had to sign or else we would face consequences. Now, I have a new job at my hand for which I have already applied my new work permit. If everything goes fine, i will join the new company once I get my new permit. Is that by any chance TCS can create problems for me in Germany by taking the bond breach which I will do i.e. the MODA bond which is between me and TCS India. I have however signed a work contract with a sister company of TCS in Germany which states that the notice period is as per German Civil code 622 which I will serve here. I know if I do not serve the notice period by going back to India, TCS will send me a notice in India, but can they do anything in Germany against me. Suggestions are awaited for help.

Thanks

TCS has a branch here, and so they must be having legal advisor/anwalt. If all this effect TCS in business they can simply ask their anwalt to atleast send you notice here as well. Visit some good lawyer and take advice. Else you never know what you are doing. Pay few bucks to German lawyer after all you are going to earn more from your new job ;-)

To the best of my knowledge a bond is illegal in western world like Germany. Else why would TCS ask you to sign a bond in India and not in Germany. The problem in india is availability of resources readily to sign. Thats the advantage companies take. It would have been fair on TCS part to act responsible by asking you to serve a normal notice period while resigning so that both the parties benefit.
I have heard that many ppl in USA have kicked the bond they signed in TCS India and simply joined other companies in USA. So in my opinion you should not have a problem with the new job but you may not get the benefits of normal release, like Experience letter, your PF, and other financial benefits. Plus if incase you plan to return to india, you may face a problem if the new employer checks with TCS. But i know some ppl from TCS who left in US were happily recruited in Infosys. This was pre 2001.

My advise to you is to server a normal notice to TCS germany and leave. If they play games infact you can sue them. Labour laws are very strong in Germany. As part of indian concern, you can send them a normal letter by post that you are resigning. At the most they may ask you financial cost as mentioned in the bond. But who cares. I dont think TCS would follow you for that amount to ramp up their earnings :-)
your old work permit may expire when you resign from TCS as now the work permits are bound to teh company for whom you came to Germany.

Thanks for the advices. Yes, infact my thoughts are in sync with your advices i.e. to serve the notice period for germany and then leave. I understand that I wil not get the exp. letters, however I do not require them any more once I switch here. I had the same doubt before also, i.e. once I resign from TCS here, my visa gets invalid (I hope it is valid during my notice period alteast). But during that time I will have my new work permit and I could get that stamped in my passport. But will my resident permit validity remain the same, i.e. for eg- I have resident permit valid till Apr 2009. When I resign and get my new work permit stamped, will this impact my resident permit or I have to get everything fresh from scratch. If any one knows these steps , pelase help me.

Regards

I feel you may get into a catch22 situation.

In my opinion, the Visa office (ABH) will not issue you a work permit as you already have one. Secondly as per the rules, one has to apply for a work permit from your country of origin. plus you cannot be in Germany during this process.

The people in Ausländerbehörde(Visa office) might even try to contact your current company.

My advice to you is as follows
1) Resign and move back to India
2) Hire a lawyer which will push your case along with support from your new employer. I know this is expensive, but if this is the only option then you can't do anything.
3) Pray and wait for your luck to click.

As you are not for long in Germany in Germany for you to jump jobs. If you were in Germany for more than 3 years then you would be able to jump to new job easily.

Not really !
ABH would issue new Aufenthaltstitel whenever there is a new Application & of course with all necessary docs.

In your case, your New employer would be required to fill in some forms(which they know) + Signed Contract + Certificate of employment with annual Brutto to ABH + Your Application + Fees + Bio fotos. Normally they would check it (within 4 to 6 weeks) & give you bescheid about an Appointment Date. If your papers are through, then ABH would ask you on the Date of your new Stamp in your Passport.

But please be careful, not to disclose your Resignation to TCS till you have your bescheid from ABH + new Stamp in your Passport. Otherwise TCS could cancel your Work permit & you would be forefully recalled to India, which is very riscky.

Good Luck,
Truster

@lrosy10

Relax....you are in Europe now, here naukri and chhokri both can be switched at Whim and Fancy. No more gale-pado like in India.

Just wait for new work-permit to be processed. Once you have new work-permit approved you can give notice to TCS.

According to german labour law, notice period is 1 month (if you have worked less than 4 year for the employer, it is 2 months if you have worked more that 4 years). And, if you don't want to serve even a single day of notice period then you have to pay max. 1 month salary to your employer. That's all!!

Thanks for the advices. Well I am waiting for my new work permit process to be done, as per information given by Savion - I do not think that is true as new work permit can be processed from Germany if I have a one. Also ABH nevrs contacts to old company while processing a work permit for another company as those steps are done from scratch by them, only details like Icome tax payment, Address registration, social security number verification are done. OK, now suppose my new work permit comes, will ABH stamp it on my passport and invalidate the current permit. In that case what will happen to my resident permit.
Also while they syamp new work permit, can I still continue to serve the notice period in TCS.

As Akshay suggested in Europe naukri and chhokri both can be switched at Whim and Fancy.
But here also both naukri and chhokiri are instable because now Employers find talented people from East Europe and chhokiri's also find good chhokara's or other chhokiri's.
If you look for a good career then better advice you to get the experience letter from TCS,might be your new Employer don't care but it is very valuable for your future jobs and you really cannot depend on your new job as you will be on probation for few months.
Todays date all good organizations do a background check and let me tell you experience letters from companies like TCS,Wipro,Infosys really counts in the International job market as compared to small German companies even if they offer you a good package.

Well, it is a very tricky situation & dont mess it up. I am sure that both TCS & your new employer would not agree if you have a Stamp in your Passport vice versa.

Ideal would be to inform TCS Germany about your leaving, serve Notice period say 2months, Exactly on your last day of notice period have an appointment in Auslandbehoerde for your new Stamping in your PP, then start with the new job.

Another part is how to manage with TCS India. If you have enough support from TCS Germany, they could interfere since you have already served Notice Period in Germany & done the handover, Prpbably you can walk away without much trouble

Hope this helps,
Truster

@truster

Good to know that one can process as many workpermits while having your old work permit active.

But i wonder why they mention that one should not apply for Business visa while work permit processing is on.

Rgds
Savio

Hi Savion,
Yes, yor are right on this as one cannot apply for business visa while having work eprmit for Germany, this application gets rejected as per my information.

But I assume that having a work permit does not stop from applying a new one for another company provided one has all required docs.

@chanoj

We not see your post because of some settings under which you have posted.

Please notice that as long as you hold Indian passport you are bound to Indian law if you sign a bond with Indian Company.
As mentioned here by Akshay that
"in Europe Naukri and Chhokri both can be switched at Whim and Fancy" About Naukri i can say this completely depends on what you have signed and what written in your bond.Also Akshay mentioned
"Accodrding to German law notice period is one month" then please be noted that the Kündigungsfrist for some German companies are 6 months and even 1year this also depends on your project and company.
Please be careful with Indian laws and i know some who worked with TCS and Siemens who did the same and got in trouble and finally paid a huge sum which was almost equal to their 3-4yrs savings of working in Germany.
As you may be aware that in India lawyers are misuing laws in matrimonial cases and its same now with work.The companies are filing criminal IPC cases for breaching the bond and when you have Indian passport then you have to attend these court cases in India and when a court case is running especially by your employer then you cannot work here.In Germany also they have bond but with another name called Kündigungsfrist.
I would say its better you talk with your employer TCS in amicable way and maybe you have to pay some settlement amount and get things done otherwise if you want to hire a lawyer here then believe me you not only waste money on the lawyer but also get problems with your career.
Yes 5 yrs ago things were different but in the last years Indian laws are really screwed up with 498a,406,420 and lot more so be careful.
If you are with TCS India then i believe you don't have to pay taxes here and your netto will definitely be more than what others earn here with Germany company.So please also look at how much netto you make with the new company before you take any such decisions.

Hi Chanoj/All

Now, I am in the same situation. Need help and advice from you. Could you please let me know what is the course of action you took. Share me your number, if possible.

Thanks.
Sanjay