Hi

Could you anyone please advice on the below.

I went onsite to serve my cilent for 1 year and came back in this August. As per agreement I have to serve my company for minimum period of 6 months. It is almost 3 months I came back to India and 3 months is the notice period as per company policy. Now I am planning to leave this company due to personal things to be settled in my hometown.

I am ready to serve 3 months period. My quey is will this notice period added to minimum service period as per agreement? or Do I need to serve 6 months minimum and then I have to serve 3 months notice period(total 9 months)?

Can it be fine if my notice period overlaps with minimum service period 6 months?

Below are the points concerned about in the agreement. Point 6 says tyo serve minimum 6 months and point 8 says “(c) fails to serve the Employer for the period specified. In addition to this, the Employee is also governed by the three month’s notice period as per Company policy.”. Please suggest.

6. The term of this agreement shall be till the Employee is deputed abroad. The Employer reserves to itself the right to terminate without notice the period of deputation abroad, for business necessity, change in the Employer’s objectives or termination of the project abroad. The employee will serve the Employer in India for a minimum period of six months after completion of his assignment in Malaysia.

7. The Employer shall have the right to terminate the employment and / or deputation of the Employee during the period in which he/she is required to serve the Employer as mentioned in paragraph 6, if his/her services are found unsatisfactory or he/she is found guilty of any misconduct.

8. The Employee agrees to pay the Employer a sum of INR________________________ (INR_______________________Only) as liquidated damages in the event of breach of any of the terms of this Deputation Agreement and more particularly if the Employee (a) abandons or deserts the employment with the Employer during the period of Deputation abroad, or (b) fails to report to work with the Employer after the termination of the period of deputation as provided in this Agreement, or (c) fails to serve the Employer for the period specified. In addition to this, the Employee is also governed by the three month’s notice period as per Company policy.