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  #1 (permalink)  
Old 09-26-2010, 11:59 AM
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Thank you for replies.

Last edited by Ella123; 09-26-2010 at 09:47 PM.
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  #2 (permalink)  
Old 09-26-2010, 12:09 PM
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Quote:
Originally Posted by Ella123 View Post
Hello Friends,

Wipro guys who come to US on on a project deputation from India, If they want to quit onsite, the following are the terms:

1. 2 months of written Notice - which is almost impossible to give in US
2. 6 months of additional service or $10000 damages

They make us sign the service agreement with these terms before we fly.

These two conditions make it almost impossible to quit. What will happen if we just give 2 weeks of written notice and quit with out paying damages ?

Can they Sue me ? Has anybody won a legal battle with them on this issue?

What are your experiences on this guys? Help me out.

Friend in Need
Bond fee is all bogus thread...please read the many many posts on this regard in this forum.
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  #3 (permalink)  
Old 09-26-2010, 12:33 PM
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pallavan is infamous around these parts pallavan is infamous around these parts pallavan is infamous around these parts pallavan is infamous around these parts pallavan is infamous around these parts pallavan is infamous around these parts pallavan is infamous around these parts pallavan is infamous around these parts
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Irrespective of whether its legal or not, if it bothers you then you should not take up the offer. Taking up an offer with the intent of violating the contract (again irrespective of its legal status) is disingenuous.
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  #4 (permalink)  
Old 09-26-2010, 12:37 PM
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Originally Posted by pallavan View Post
Irrespective of whether its legal or not, if it bothers you then you should not take up the offer. Taking up an offer with the intent of violating the contract (again irrespective of its legal status) is disingenuous.
The companies should have thought themself before forcing people to sign. When you do the blunder you dont have any ground about moral. YOU ARE PAID IN THE SAME COIN. nothing wrong.
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  #5 (permalink)  
Old 09-26-2010, 12:47 PM
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royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts
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Nothing wrong in asking as they are expected to spend that amount in flying you and your family and to replace you in 2 weeks notice they have to pay almost 1 month salary to replace here or another set of tickets and visa fees ......They can sue you ....
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  #6 (permalink)  
Old 09-26-2010, 12:49 PM
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Default

Quote:
Originally Posted by Ella123 View Post
Hello Friends,

Wipro guys who come to US on on a project deputation from India, If they want to quit onsite, the following are the terms:

1. 2 months of written Notice - which is almost impossible to give in US
2. 6 months of additional service or $10000 damages

They make us sign the service agreement with these terms before we fly.

These two conditions make it almost impossible to quit. What will happen if we just give 2 weeks of written notice and quit with out paying damages ?

Can they Sue me ? Has anybody won a legal battle with them on this issue?

What are your experiences on this guys? Help me out.

Friend in Need
i am not an expert in this but my understanding is that company can always ask the employee to reimburse the expenses like cost towards training, attorny fees, airtickets for the family(though not sure abt this) etc etc.,....

just for the argument sake, lets look at down side of this assuming that you will be sued:
try to compare and see if changing employer is going to give you a better career growth or increase your salary substantially than what you are currently making?
if the salary is more than what you are making then deduct that 10k for that one year assuming that you have to pay that amount.
not sure how 2 months of notice clause will stand a chance in the court of law, talk to the new employer and see if they can allow you to join after a month period of notice.
if the new employer does not agree then give 2 weeks of notice and move on..
worst case scenario you will end up paying 10k but think if its worth it and if you are sure that changing the employer is going to benefit you in long run in terms of financially and career wise
hire an attorney and discuss these options as i am not an expert on such matters
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  #7 (permalink)  
Old 09-26-2010, 01:10 PM
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Default think twice and act then

Ella123, This is based on my 1st hand exp., I used to work for a top 10 Indian co. and left them. As far as bond is concerned, jurisdiction is India as you signed it there, they can surely take you to court and harass you/your family back home .. even if 1 out of 5 pays out the money then this is are good enough as they use this scenario to prove to other possible employees on what will happen to you if you quit onshore.
Processes defined will be followed by these companies. There is always a room for making both sides happy. Try to negotiate some terms with your manager/delivery mgr etc ... do not go verbal.. get everything on mails so that you can take them to task when needed.

Good luck ... bonds signed in india are not enforceable here. so think and decide whats in your benefit ... see these companies if you have worked for more than a year or so then all costs are recovered by them like h1/travel etc ... as they pay you so less and make a lot on you.. so no hard feelings ... think whats best for your future.
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  #8 (permalink)  
Old 09-26-2010, 02:18 PM
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Default Dont come through wipro

If you want to quit then you are using Wipro to just land in the US. If you want to come to US then you could come through F1 visa or through other US based companies rather then Indian based companies. US and India do have treaties which would allow Wipro to enforce their agreements in US as they have offices in US.


I would advise you to stick to your employer , Wipro in this case.


Quote:
Originally Posted by Ella123 View Post
Hello Friends,

Wipro guys who come to US on on a project deputation from India, If they want to quit onsite, the following are the terms:

1. 2 months of written Notice - which is almost impossible to give in US
2. 6 months of additional service or $10000 damages

They make us sign the service agreement with these terms before we fly.

These two conditions make it almost impossible to quit. What will happen if we just give 2 weeks of written notice and quit with out paying damages ?

Can they Sue me ? Has anybody won a legal battle with them on this issue?

What are your experiences on this guys? Help me out.

Friend in Need
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0 out of 2 members found this post helpful.
  #9 (permalink)  
Old 09-26-2010, 02:22 PM
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snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by royus77 View Post
Nothing wrong in asking as they are expected to spend that amount in flying you and your family and to replace you in 2 weeks notice they have to pay almost 1 month salary to replace here or another set of tickets and visa fees ......They can sue you ....
No they can not. If its not legally binding even if its wrong nothing can be done. The bond signed in india does not hold water. Just show your middle figner to these cheap indian companies and walk away.
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  #10 (permalink)  
Old 09-26-2010, 02:24 PM
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snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by mmanurker View Post
i am not an expert in this but my understanding is that company can always ask the employee to reimburse the expenses like cost towards training, attorny fees, airtickets for the family(though not sure abt this) etc etc.,....

just for the argument sake, lets look at down side of this assuming that you will be sued:
try to compare and see if changing employer is going to give you a better career growth or increase your salary substantially than what you are currently making?
if the salary is more than what you are making then deduct that 10k for that one year assuming that you have to pay that amount.
not sure how 2 months of notice clause will stand a chance in the court of law, talk to the new employer and see if they can allow you to join after a month period of notice.
if the new employer does not agree then give 2 weeks of notice and move on..
worst case scenario you will end up paying 10k but think if its worth it and if you are sure that changing the employer is going to benefit you in long run in terms of financially and career wise
hire an attorney and discuss these options as i am not an expert on such matters
They migh have spent million. but if the bond is not legaly binding in the US and in the state, nothing can be done.
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  #11 (permalink)  
Old 09-26-2010, 02:26 PM
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snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by permfiling View Post
If you want to quit then you are using Wipro to just land in the US. If you want to come to US then you could come through F1 visa or through other US based companies rather then Indian based companies. US and India do have treaties which would allow Wipro to enforce their agreements in US as they have offices in US.


I would advise you to stick to your employer , Wipro in this case.
Do you have the souce for this. pls provide.
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  #12 (permalink)  
Old 09-26-2010, 02:28 PM
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snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by LONGGCQUE View Post
Ella123, This is based on my 1st hand exp., I used to work for a top 10 Indian co. and left them. As far as bond is concerned, jurisdiction is India as you signed it there, they can surely take you to court and harass you/your family back home .. even if 1 out of 5 pays out the money then this is are good enough as they use this scenario to prove to other possible employees on what will happen to you if you quit onshore.
Processes defined will be followed by these companies. There is always a room for making both sides happy. Try to negotiate some terms with your manager/delivery mgr etc ... do not go verbal.. get everything on mails so that you can take them to task when needed.

Good luck ... bonds signed in india are not enforceable here. so think and decide whats in your benefit ... see these companies if you have worked for more than a year or so then all costs are recovered by them like h1/travel etc ... as they pay you so less and make a lot on you.. so no hard feelings ... think whats best for your future.
I second you this...do not endorse these flithy indian companies and their bad practices.
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  #13 (permalink)  
Old 09-26-2010, 07:31 PM
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Default

Wipro is bagging new projects left n right nowadays. Dont leave wipro.. Try to beocme PM and ask them to sponsor green card..If you r joining american company for more salary, they wont cooperate for your green card.

Quote:
Originally Posted by Ella123 View Post
Hello Friends,

Wipro guys who come to US on on a project deputation from India, If they want to quit onsite, the following are the terms:

1. 2 months of written Notice - which is almost impossible to give in US
2. 6 months of additional service or $10000 damages

They make us sign the service agreement with these terms before we fly.

These two conditions make it almost impossible to quit. What will happen if we just give 2 weeks of written notice and quit with out paying damages ?

Can they Sue me ? Has anybody won a legal battle with them on this issue?

What are your experiences on this guys? Help me out.

Friend in Need
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  #14 (permalink)  
Old 09-26-2010, 08:55 PM
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Default Good to stay.

Personally my advice would be dont leave Wipro. Salary you are going to make at other top companies is not worth the job security you get at Wipro. Get you GC from Wipro then leave. On side note, if you decided to leave, then agreements/bonds you signed in India are not enforcable in US. They will not be entertained in the courts.
Quote:
Originally Posted by Ella123 View Post
Hello Friends,

Wipro guys who come to US on on a project deputation from India, If they want to quit onsite, the following are the terms:

1. 2 months of written Notice - which is almost impossible to give in US
2. 6 months of additional service or $10000 damages

They make us sign the service agreement with these terms before we fly.

These two conditions make it almost impossible to quit. What will happen if we just give 2 weeks of written notice and quit with out paying damages ?

Can they Sue me ? Has anybody won a legal battle with them on this issue?

What are your experiences on this guys? Help me out.

Friend in Need
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  #15 (permalink)  
Old 09-26-2010, 09:58 PM
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mmanurker has a reputation beyond repute mmanurker has a reputation beyond repute mmanurker has a reputation beyond repute mmanurker has a reputation beyond repute mmanurker has a reputation beyond repute mmanurker has a reputation beyond repute mmanurker has a reputation beyond repute mmanurker has a reputation beyond repute mmanurker has a reputation beyond repute mmanurker has a reputation beyond repute mmanurker has a reputation beyond repute
Default

Quote:
Originally Posted by snathan View Post
They migh have spent million. but if the bond is not legaly binding in the US and in the state, nothing can be done.
Agreed provided OP signed the bond in india and did not sign any other documents when he came to US. he need to carefully evaluate any documents that he might have signed when he first came to US.
if he signed the bond in india only, then company can file a case in indian courts and based on one of my close friends experience, they sent people to his house and started calling his home and gave hard time to his parents. ultimately nothing happened.
i am not saying that Wipro or any other company will also do it but i wanted OP to take a decision considering the worst case scenario and a possible solution on how to handle it.
if none of this happens and turns out to be a smooth ride for him then good for him.
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