A friend of mine is working for a company in germany , where there is bond which says one has to work for some months in germany and later go back to the home country.
If he break the contract he has to pay some cost. since he is not very good in german (me too), he is not clear if he is supposed to pay only the cost mentioned in the contract or the cost plus his salary. Is it true that they also ask the salary back?
Is it lawful to make such a (Rueckzahlungklausel) contract in germany? Whether such type of bonds exist in Germany? Is it written in any law?Are laws supportive to employee if he go to court? If he is breaking the contract he can pay the cost but not the salary which he dont have it anymore.
pls share your info.

nobody came across such a thing???

Completely legal: I have taken responsibilities on the client side and you agreed to bear it with me, if you breach this agreement, I face problem with my client, thus you have to pay for that.

Had that kinda contracts a couple of time, but it didn't bothered me because I never had in mind to quit a contract before getting it done to the last day.

D.

thanks nobody for ur info.
still i couldnt understand.
it is the same company here and home country. it is not a client.
if he is not satisfied with the offer in home country (which has not been made yet)he would like to have a choice? in any situation he can bear the cost but how he can pay back the salary?
regards

can somebody give ur opinions?
regards

did somebody came across this situation as posted above?

your views will be helpful.

Board members pls help and give some advice.

thank you

There was discussion about TCS. Maybe it is helpful also for you. Check this

http://www.trust7.com/en/foren/faq_and_important_links/tcs_bond_breach

Can you put the text of the contract or the relevant part?

Normally this sort of covenants have to be reasonable in order to be enforced by courts, so it depends a lot on the text. The same goes for the amount.

This is not legal advice btw.

Regards,
-a