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Probationary Contract for 2.5 years

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1 Probationary Contract for 2.5 years on Thu Oct 11, 2012 12:42 am

capstab


Arresto Menor
Greetings,

I was hired by my company in 2009. They initially provided a probationary contract in the technical services department (service desk engineer). It has the normal 3-6 month probation conditions as well as a non-compete clause and other terms and conditions.

After 3 months of working, I was promoted from the technical services department to the operations department (service delivery admin). The promotion letter stated that I would be under probation again for another 3 months and afterwards it would either be extended, I would be kept permanently at my new position or return to my previous position. In addition, it stated that the contractual terms and conditions(from technical services to operations department) of my promotion will still fall under the T&C of initial probationary contract.

Fast forward 2 years, I am still a service delivery admin who is about to resign from my company. I understand that I am considered a regular employee but the questions I have are:

1. When changing departments (Technical Services to Operations) should I have been given a new probationary contract? I can confirm that some of the items listed in my old contract are not related to my job in the operations department.

2. After my probationary period as a service delivery admin ended, should I have been given a regularized contract? If not are the T&Cs listed on the probationary contract still valid?

I ask this because I am about to join a competitor and the non-compete clause could cause future complications although it states that I can join a competitor as long as they hire me full time but I cannot interact with my old company's "customer base".

In the event that the T&Cs still apply from my Probationary Contract and some of those items listed in the contract were not upheld by management, what would that be defined as?

Thank you for your time and hope for a positive response.

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2 Re: Probationary Contract for 2.5 years on Sat Oct 13, 2012 10:55 am

attyLLL


moderator
my position here is that a non-compete clause is enforceable but they have to go to court to do it.


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