Archived forum thread. This discussion is preserved for posterity from the Legally India Topical forum and is no longer active.

Service Agreement Related Queries

harpreet0817 21 Sept 2012, 05:32

Hi All,

I am curring working in US for company A (on H1-B visa) which is an american company and having its indian subsidy in India. I came to US from its Indian branch. While coming I signed a service agreement with my employer A on 100 Rs stamp paper which states that -

1. I shall continue to work at the specified overseas location for term not less than 1 year or any such term stipulated by Employer A, whichever is less, from the date of depuation at the overseas location.

—> I came US on 16 Oct 2011 and my employer is sending me back on 13 oct 2012.

2. I agree to serve Employer A at offices located in India for 6 months from the date of return to India for overseas assignment.

—> I have a job offer which i dont want to loose so i would not be able to satisfy this clause.

3. (a) After submission of all required document for visa processing, in an event of my failure to travel to overseas location, I hereby undertake to make good, without demur an amount of US$3500 towards visa processing fees and other related charges to employer A.

—> I came US after VISA processing so i guess I am satisfying this clause.

(b) Unless directed by employer A if I return to India before completing the assingment then I hereby undertake to make good, without demor such amount including but not limited to visa processing fees, travel cost, allowance etc to employer A.

—> Since I am not going back to India on my own wish my company is sending me back on 13 Oct 2012 and I already told them that i dont want to go back but still they want me to go back to India.

Now my questions are -

I have an offer in US and my new employer is ready to transfer my H1-B visa. But when I resigned here my managers are saying me that -

1. You cannot resign from US. You have to go back to India. But right now I am on US payroll and before coming to US i had already cleared my no dues from my Indian Office. so in this case do I need to go back to India or I can resign from US office?

2. They are saying me that if you breach the service agreement we will take legal actions on you and you haved to pay employer A not only US $ 3500 but billing loss of 6 months etc and total of US $ 30000. I dont understand this ? Can they really recovery this amount from me? Though I am ready to pay 3500 Dollars to them.

3. They are mentally harassing me saying that we will go to end of the world to make life hell for you. We will ruin your career bla bla. As i belong to a middle class family and having lots of responsibilities back in India so I am little afraid what to do?

Can any one suggest what can be done? can I quit this job from US by paying $ 3500 to them? Can they can any legal actions on me? Can they ruin my career? Or just they are threatning me by saying all these?

Please Pleease do send you replies and suggestion about what should I do. I really dont want to loose this job offer. Thanks in advance to all for your help !!!

0 Replies

No replies.