Hi Experts,
I was employee of Company A in India. The company A sent me on deputation to Australia to work for client (company xyz). That time I was on 457 visa and there was a Non-Compete Agreement in my deputation letter which my Company A had signed with me when I was in India. The clause says, I shall not accept any employment offer from Customer for 6 months. There is no mention of geographical location in the agreement.
Later I got my permanent residency, I resigned from Company A in August at the same time my assignment with that client got over. I served company A's notice period and completed all formalities. I got released in October. But still, my Company A sent me a letter stating that as mentioned in deputation letter that I cannot join a client. It's been 4 months already that I am not working with Client (xyz). Now there is a position with client (xyz) with some other Australian Company(B). I am not joining directly client (xyz) but Company(B) will place me on same client (xyz) as a contractor. I need a job for my survival.
Will Company A take any action on me as I am joining before 6 months from assignment end date. Also will company A has rights to sent notice in Australia?
Cheers
I was employee of Company A in India. The company A sent me on deputation to Australia to work for client (company xyz). That time I was on 457 visa and there was a Non-Compete Agreement in my deputation letter which my Company A had signed with me when I was in India. The clause says, I shall not accept any employment offer from Customer for 6 months. There is no mention of geographical location in the agreement.
Later I got my permanent residency, I resigned from Company A in August at the same time my assignment with that client got over. I served company A's notice period and completed all formalities. I got released in October. But still, my Company A sent me a letter stating that as mentioned in deputation letter that I cannot join a client. It's been 4 months already that I am not working with Client (xyz). Now there is a position with client (xyz) with some other Australian Company(B). I am not joining directly client (xyz) but Company(B) will place me on same client (xyz) as a contractor. I need a job for my survival.
Will Company A take any action on me as I am joining before 6 months from assignment end date. Also will company A has rights to sent notice in Australia?
Cheers