Guruvai
Hi Folks,

I'm a newbie in this group and badly need your assistance to get in to a comfortable situation.

Alike every TCS associate going for deputation outside India I too had to sign their MODA [Master Overseas Deputation Agreement]. But this was couple of years back and at that time the policies [particularly separation] were different in TCS than now. Originally there was no concept of resigning from deputed location. In one does then he / she has to pay $30,000 to TCS. This is also applicable for those returning to India and not staying within TCS for atleast 6 months. But this has now changed [since last year] , people can resign from deputed location with a 90 days notice. I'm currently serving the notice period now and I had couple of job offers [both in and outside India], at the time I submitted my resignation.

Now in another clause of MODA, it says that whilst on deputation I can accept any offer from any client / competetitor of TCS :wacko:. The term competetitor is a vague term - because they can point their finger to any abc organization as their competetitor. Anyway, recently I got an offer from the client, that I was working with and the offer is better than the other ones. It was purely an approach from their end and not me. Some senior associates mentioned that there is a 2 years contract to stop one from joining the client. But I think this is purely a myth and nothing else.

I checked this with the client manager [she is reponsible for the contractual matters] and she said that she is not aware of any such contracts. So I'm not sure what legal issues may appear if I join the client as an employee of its own.

Guys, please tell me is there any clause anywhere, which can stop an associate from doing so and whats the way out. Also let me know who the two parties, that stands for such contracts[if any].

Thanks in advance,
GV

[ quote=Guruvai;2700]

Hi Folks,

I'm a newbie in this group and badly need your assistance to get in to a comfortable situation.

Alike every TCS associate going for deputation outside India I too had to sign their MODA [Master Overseas Deputation Agreement]. But this was couple of years back and at that time the policies [particularly separation] were different in TCS than now. Originally there was no concept of resigning from deputed location. In one does then he / she has to pay $30,000 to TCS. This is also applicable for those returning to India and not staying within TCS for atleast 6 months. But this has now changed [since last year] , people can resign from deputed location with a 90 days notice. I'm currently serving the notice period now and I had couple of job offers [both in and outside India], at the time I submitted my resignation.

Now in another clause of MODA, it says that whilst on deputation I can not accept any offer from any client / competetitor of TCS :wacko:. The term competetitor is a vague term - because they can point their finger to any abc organization as their competetitor. Anyway, recently I got an offer from the client, that I was working with and the offer is better than the other ones. It was purely an approach from their end and not me. Some senior associates mentioned that there is a 2 years contract to stop one from joining the client. But I think this is purely a myth and nothing else.

I checked this with the client manager [she is reponsible for the contractual matters] and she said that she is not aware of any such contracts. So I'm not sure what legal issues may appear if I join the client as an employee of its own.

Guys, please tell me is there any clause anywhere, which can stop an associate from doing so and whats the way out. Also let me know who the two parties, that stands for such contracts[if any].

Thanks in advance,
GV[/quote]

From United Kingdom , Edinburgh
shilpaa7
Hi,
did you get any solution? I think if your client talk to TCS manager to make exception to this clause,then it will work out.But this happens in rare case and depends how much your client can push TCS to do so.Please let me know if you get any work around.Even i am in same situation :)

From United States , Cape May
Guruvai
Hi,
I haven't got a concrete solution yet. I'm waiting for a reply from folks around here and there.
Wish u all the best and once you have got a solution then please let me know. I'll do the same in case I've got one.
By the way if you don't mind, which project and where are you based at the moment.
Cheers

From United Kingdom , Edinburgh
nanavenkat
Hello Guruvai, Please could you let me know if you have any updates on the deputation agreement ? I have a similar kind of the problem with TCS and looking for help. Regards, Nara
From United Kingdom , Bradford
jainsarika999
Shilpa....How did you manage finally...Did you get any notices to you? So how did you come out completely
From United States , Wylie
jainsarika999
Please let me know how did you handle it...did you get any court notices and how did you manage...
From United States , Wylie
rahul-bajaj
will tcs sue me if I join client?
From United Kingdom, Bury

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