Master Service Agreement - What can I do
I left my previous organization 2 months before and the one client of that organization wanted to hire me on the pay role of their india office. As part of relieving letter condition i can't seek direct or indirect employment with their client where i was deployed. I was working with this client's for their US company with whom MSA was signed by my previous organization. Do let me know if i can be employed by Indian office or not. Also suggest how i can avoid the term and condition with my previous organization and get myself employed with the client of the organization. Please call me if need more information.
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We would like to know which country are you aiming to work in and which country was your previous organisation is based in. Any other details would also be helpful.
The laws may be differently applicable to the situation, depending on which country the parties are based in. Hence, it would be helpful if you could tell us all the entities that are involved in this situation and where each one is based.
A Master Service Agreement (MSA) is a contractual document that specifies performance objectives and outlines the responsibilities of both parties. It also lists the current and prospective services to which the agreement applies.
In this case, if the terms of the MSA, specifically state that you cannot seek direct or indirect employment with their client where you were deployed, it would clearly mean that any such employment opportunity could be taken up at places other than USA.
However, you are advised to seek a NO OBJECTION CERTIFICATE (NOC) from your previous employer. This would ensure that there is no ambiguity on their part; you can also point out specifically that you are not seeking employment at the same place you were deployed at , i.e. USA . In case, it seems that they are denying NOCs, you could consider filing a suit against your employer.
The success of any legal claim depends on the strength of the evidence. To win, you will have to show -- with documents, preferably -- that your rights were violated. Strong feelings or suspicions are not the same as evidence. To find out how good your claims are and whether you are likely to win, you should consult with an experienced employment lawyer. Prosecuting legal claims takes a lot of time. Lawsuits also cost money. If your case is strong, you may find a lawyer willing to take it on a contingency basis, in which the lawyer's fees come out of the money you win. Even so, you will probably have to pay the costs of bringing the claim along the way, which can be substantial. And that contingency fee could be 25%, 33%, or even 40% of what you ultimately collect.
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