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Resignation from current employer

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I have been transferred to UK from India in 2009 by my employer on Tier 2(ICT). The initial assignment was for 6 months and I have signed an agreement with my employer before coming to UK that I would have to work for 6 months in India before I resign. I am now on Indefinite leave to remain after getting multiple extension and I have got an offer from another employer in UK but when I resign from my current employer, my current employer is advising me that I have to work for him at India for 6 months before I resign. Please can someone advise if I have to follow this. I have negotiated with my employer on this but they advise that I can't avoid this. To separate from this job, I have to server this employer for 6 months in India. Please can anyone advise what should be done in this case. thanks.

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Some contract law is transferrable by international agreements but I doubt if an employment contract that forces you to return to India is otherwise you wouldnt have been given leave to remain. The only fly in the ointment is if you return to India you may be sued but I cannot see how a loss would have been caused.

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Your current employer cannot stop you from leaving and joining another employer. I am assuming that you would still have the right to work in the UK and that this would not cause you any visa issues.


When an employer pays to move staff abroad, it is common for the contract to say that the employee must pay back his relocation costs if he resigns during the following 2 years. That sort of thing is legally enforceable. What does your contract actually say, exactly?




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