Hi,
This is quite long, so please bear with me.
I work in planning and operations in a HK tech related company. Some years ago, I took an interest in software development and put myself through a course. After which, I've been learning on my own outside of work. Meanwhile I have also made use of my new skills at work to smoothen some of our processes and got support from management.
I wanted to go into this area full time and expressed my desire to resign. As a counter-offer, the company proposed to move me into software department (in Germany) to try it out for 6 months. I accepted the idea and agreed to give it a try.
Now they are going to amend my work contract to reflect my new role, and wanted to add a clause stating that I will commit to work with the company 1.5 years after my 6-month trial in Germany. The clause is rather vague, and says just that, without any mention of penalties etc. in the event it is violated.
Personally, it's hard to justify such a commitment:
-The only investment (I can tell) by my company is my accommodation in Germany which amounts only to HKD 4,000 - HKD 5,000 per month (it's a really small town)
-I will be treated the same way as any new recruit (I will get the same training, and will get similar pay)
Will such a clause hold up in court in the event of a dispute? What are your thoughts here?
If I were to check with the Labour Department, how do I go about it?
Many thanks in advance !!