• Knowledge Transfer

I have resigned from my previous company by submitting my resignation and returned my assets however, without serving notice period. I had worked there hardly for a period of 3 months. Now the Company is asking me to do Knowledge transfer. I myself am a lawyer, and most of the work that I did was US Laws and Contract Drafting and reviewing. I did not receive any training from the organisation on the same. How can I reply to them stating that I am not interested in providing any Knowledge Transfer? The Company is not even giving me a relieving letter and is tagging me as an absconder.
Asked 4 years ago in Labour

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9 Answers

Take the plea that review of documents depends upon facts of each skill 

 

similarly you need to read US laws to gain knowledge of US laws 

 

refer to books read by you on various US laws 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

What is this knowledge transfer! If the company hasn't provided you any training and hence there is no need to do that. Ask them to state in clear and unequivocal terms what they want and whether it wouldn't be an unreasonable restriction upon the fundamental right to practice any trade profession or business in India.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can legally reply them with assistance of a lawyer. Nothing to worry. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If you have not received a legal notice from company then no need to worry about it.

 

If you don't require experience letter from company for just working for three months then ignore it and don't mention company name on resume.

 

Regarding relieving letter not given by company. If you had sent resignation letter from your personal email id then not required anything from company. If you have evidence of resignation.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hi, Knowledge is your intellectual property there is no need to transfer and it is impossible.  Don't bother too much, let them file a case against you. Nothing will happen.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

- As per law , 3 months period of job is considered as probation period and during that time , neither employer or employee can claim each other . 

- Further, as you have already resigned then the question of further services of knowledge transfer doesn't arise. 

Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- You should send a reply after narrating that , after the tendering of resignation you have not relation with the said company and also not bound for any knowledge transfer accordingly. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

What they are trying to enforce has no sanctity under the Indian Laws.

Since you are a lawyer yourself, it will be better to sue these guys for failing to handover your reliving and experience certificate., 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You have hardly worked in the company for three months,  and you have not even served the notice period even though you have tendered your resignation. 

This clearly indicates that you are not interested in the relieving letter as well.

However there is no necessity for you to sign any pact with the company for knowledge transfer, you are not bound by any such conditions of the company.

You can refuse to accept their dictates for knowledge transfer. 

You need not worry about the threats that the company pose that they will declare you as a absconder, even if they declare that, it is not going to make any difference to you because you have documentary proofs for having submitted the resignation letter as well as return of the assets to the company for which you have acknowledgments too.

Hence the company cannot harm you in any manner, just ignore their threats.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir/ Ma'am,

1. You are under no obligation to transfer knowledge to the employee replacing you and the employer cannot force you for the same. 

2. The Specific Relief Act says that a Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period the Employer can only recover the Notice pay. No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter.

You can leave the job by either giving notice or payment in lieu of notice. Try contacting your employer and inform them about your situation. If it still does not work you can issue a legal notice to your employer.

Thank You. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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