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randomethic (Professional)     21 August 2014

Relieving date

I started working at my current organization on May 05, 2014.

On June 26, 2014 a company announcement was made stating that the team of which I am a part will be moving to another city, along with a couple of other teams as well.

On June 30, 2014 the following mail was received by all employees affected by the announcement:

 

Dear Employee,

This is with reference to the organisation’s decision to relocate certain positions to the Gurgaon location.

Your position is one among those and is expected to be located out of Gurgaon.

You have three weeks period by 23rd July to decide and revert back to the Organisation on your willingness to move and function from new location.

1)     If you decide to relocate to our new office, the following support will be provided to assist you in the relocation:

a)     You and one other member of your family would be provided the opportunity to travel to and stay for two days for city familiarization.

b)     Prior to finally relocating, you and your family (upto a maximum of 6 which includes spouse , 2 dependent children and 2 dependent parents) would be provided a two day stay in a hotel tied up with the organisation for this instance

c)     You will be paid relocation reimbursement on actuals as incurred for packing and transportation of goods, provided you use the vendor contracted by us

d)     You will be provided flight tickets for you and your family (upto a maximum of 6 which includes spouse , 2 dependent children and 2 dependent parents).

e)     You will be provided with a hotel stay you and your family (upto a maximum of 6 which includes spouse , 2 dependent children and 2 dependent parents) for 14 days at a hotel that the organisation has tied up with for this instance.

f)      You will be paid a one-time relocation allowance of one month gross salary (minus retirals) in the month you relocate. This will be recovered should you not complete one year of continued service in the organisation

g)     You will be reimbursed the brokerage you have paid for renting a house. Alternatively you can choose a company appointed vendor, in which case company would pay the brokerage directly to the vendor.

h)     You would also be eligible for an Interest free loan up to a maximum of three months security deposit for your rented house.

2)     If you decide to not to relocate to our new office, then following support would be provided:

a.     You can continue to work from current location for next 3 months from the date of you communicate your unwillingness.

b.     These three months would be considered as notice period, post which you would be relieved from the position.

c.     A severance allowance equivalent to 15 days gross pay(excluding retrials) for every completed year that you have served would be paid to you. However to avail this allowance you must serve at least two months notice (No buy out/ adjustment against balance of leave)

d.     All other terms and condition as expressed in the employment contract would remain unchanged.

Please do come back to us by 23rd July on your decision of willingness / unwillingness to relocate. We would be more than happy to have you in our team working from the new location and anticipate your favorable response.

 

Accordingly, on July 23, 2014, I shared the following response with the company:

Hi,

Thank you for the mail and subsequent discussion. Unfortunately, I will be unable to join the team in functioning out of the new location.

Considering that I started at the organization on May 05, 2014, I have been here for 2.5 months and am currently on probation, I am up for confirmation of services only by Nov 05, 2014.

Per my Appointment Letter, my notice period during probation is 45 days.

However, given the present circumstances and company requirements, I am willing to serve my complete notice period (until September 09, 2014) and stay on for a further 45 days, until Oct 23, 2014, completing three months from today.

At the same time, post completion of 45 days of notice period and before Oct 23, 2014, should I find a subsequent opportunity which I want to take up, I propose giving an additional 15 days’ notice to PAYBACK and request that I be relieved within the said  15 day time-frame.

I hope this is agreeable. 

I have not received any formal communication from the company after this date. My boss spoke with me once and asked if I would be willing to stay on until Oct 31, 2014 and verbally took an ok response from me, however this is not documented anywhere.

Now, my boss is making my life a living hell and I do not see any reason to continue to work at the company for longer than the notice period in my offer letter.

I would like to write to them on Sep 01, 2014 and re-state that per my offer letter, my notice period on probation is 45 days which ends on Sep 09, 2014.

In keeping with my earlier communication, I will be serving an additional three weeks until Sep 26 2014 and will not be able to continue working after the said date.

Please advise how I can proceed. 

Thanks!



Learning

 1 Replies

Kumar Doab (FIN)     24 August 2014

Repeated Query:

 

https://www.lawyersclubindia.com/experts/Resignation-and-Relieving-Issues-while-still-on-Probation-492031.asp#.U_mVGsWSwb8

 

Verbal transactions (OK etc) are not on record.

You could minute the verbal approval in writing on record.

Attempt and get a written response.

Consult local labor Consultant/service lawyer with all docs on record .


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