All,
I joined an IT services company in July 2014. Although it was not stated anywhere in writing, it was verbally communicated to me as a long term onsite position by the manager and the HR during all my interviews and subsequently till I joined. The employer did transfer my visa legally(which I got from my previous employer) but also communicated to me that there are no onsite opportunities for which they can send me for at least the next 6 months(I have already been employed by them for the last 5 months+). The few opportunities that have come up since I joined, they have hired contractors at the onsite location. I have virtually been on bench for the last 5 months+ and have gotten highly frustrated with my employer and have lost the will to go to work. I feel cheated because had I known that they had no onsite projects, I would not have joined this company.
I now have a job offer from a Company that can utilize my visa(This company is not in India). They have already started the proceedings and expect to have me join as soon as the visa comes through(ETA: Mid Dec). I have not informed my new employer about my current employer as I don't require a service certificate for the past 6 months.
Please help me with the legal implications of the following:
1) The current employer has a notice period of two months. An employee can pay salary in lieu of Notice only at the management's discretion. I would be willing to buy out the notice period as well as pay them back for their expenditure on the visa but cannot serve the notice period of 2 months
2) I also have 12 days of earned leave as balance
3) I have a laptop belonging to my employer as well as ID/Access cards
4) I don't need a service/relieving letter to give to my future employer but I do not wish to create bad terms with my current employer even though I do not want to ever be re-hired here due to my experience.
Please Advice.
Regards,
A. Singh