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Sutharsan (ATL)     25 May 2013

Supplementary service agreement - post resignation

Hi,

I was working for an indian software organisation and was deputed to UAE for a project XXX. The client YYY in UAE offered me a job through a recruitment agency. Followed by which i resigned from my organisation. 

The current employer came to know about my new job offer informed that i cannot be joining the client's end client organisation. But i decided to persue the offer since the pay was attractive and the job descripttion was good.

Since i had a residence visa for UAE processed by the current employer, i requested them to cancel the same since i was in my notice period and also the new employer (recruitment agency) wanted to process the same to start the on borading pocess. But my current employer refused to cancel my visa and asked me to sign a Supplementary Service agreement on a Rs.20legal document.

The same was provided to me on the last day of me serving the notice period and the following were the important clauses set forth

1.Within 12 months from the date of contract , i cannot engage either directly or indirectly with the client YYY or the project XXX

2.The Employee shall make good the loses incurred by the employer

3.Any dispute arising shall be arbitrated by a single arbitrator who shall be the manager HR.

The same situation also arised for 2 of my collegues who were asked to sign a similar agreement, whereas they decided to go ahead and join the respective clients.

I wanted to understand whether i can proceed further and join the client YYY or it is best to forget this option and look out for another job. It has been more than 2 months since i had left the organisation and the client is still interested in me joining the service. 

Appreciate if suggestions are provided since i am really running short on time



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