Upgrad LLM

relieving from current job


hello,

Looking for help

I am in a situation here which i tried to search elsewhere but did not find it.

I was on a foreign assignment from a company for 12 months.

While leaving the country the company asked me to sign a contract which stated i need to serve a notice period of 12 months or i must pay the equivalent basic.

Upon discussion they told it was just a formality

Now when i am trying to resign , the company is asking to serve 12months notice or pay the basic of  12 months.

But in the offer contract they have mentioned it as 3months notice.


This is an IT company

Can you please let me know if i am obliged to pay 12months basic legally?

I am devastated as to how i can arrange a such huge amount

 

Any help or advice is gratefully welcome

Thanks

vihsal

 
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Lawyer at Supreme Court of India

Sir, Need not to pay .... But please share the service contract for correct opinion .... Regards Kapil Chandna Adv 9899011450

Total likes : 1 times

 
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FIN

 How many papers you have signed:::: Offer letter/appointment letter/contract of employment/service agreement/ etc:::: give detail datewise? How much is the notice period stated in each?

 

 Do you have copies of offer contract signed for foreign assignment? What is the notice periods  stated in it?  

If notice period stated in contract/offer is 3 months then it is the notice period.

The company shall have to produce on record by which it is laying a claim to 12 month's notice period!

If you were not and are not able/capacitated to pay 12 month's notice pay then why did you sign it.Once you sign the other party can claim that you can't rescind the contract.

 

 Notice Period/pay is part of service conditions that are governed by   various enactments applicable to the establishment/employer/employee …………….and these being Act/Statue/Instrument of Law shall prevail upon any private agreement that employer has drafted and signed with employee/rule/policy e.g. appointment letter/Contract of employment/service agreement/HR policy/Service Rules and regulations etc ………………………………and any T&C that is inconsistent with enactments shall not survive.

 

 

1.Have you submitted notice of resignation! Do you have its proof of dispatch and delivery also?

 

You should submit Final resignation also, of course under proper acknowledgment?

 

2. Are you a member of Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc?

If not why? You should become a member and then it shall be easy to defend yourself from exploitation by unscrupulous employers.

 

What is this establishment: Commercial, Industrial? 

 

 

 

3. What was your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?

 

 

4. What was your salary: Basic,DA……..etc and total.

 

5. Was any salary slip, PF number and a/c slip of each year, ESIC card,Form16 issued to you?

 

 

6. Was any change in notice period and other conditions supplied in writing to  you? Did you accept the changes in writing?

 

7. Did you get acknowledgment of notice/resignation, and acceptance?

 

 

8. Did you get appointment letter, Salary slip of all months?

 

9. You should write under proper acknowledgment that NO tasks are pending at your end and routine duties be assigned that can be completed on daily basis and within and upto expiry of notice period tendered by you……………………and to whom you should handover the charge within and upto expiry of notice period tendered by you. have acknowledgment of handover from your colleague?

 

 

 

You may reply pointwise to each point!


 


Total likes : 1 times

 
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How many papers you have signed:::: Offer letter/appointment letter/contract of employment/service agreement/ etc:::: give detail datewise? How much is the notice period stated in each?

  Offer letter states 3months notice period

While travelling abroad the day of issuing back our passport the company asks us to sign a document which states we are supposed to serve a notice equivalent to the duration of foreign stay or else pay the equivalent amount in basic. This document is on the company letter head

 Do you have copies of offer contract signed for foreign assignment? What is the notice periods  stated in it?  

If notice period stated in contract/offer is 3 months then it is the notice period.

The company shall have to produce on record by which it is laying a claim to 12 month's notice period!

If you were not and are not able/capacitated to pay 12 month's notice pay then why did you sign it.Once you sign the other party can claim that you can't rescind the contract.

  A typical middle class employee getting his first foreign assignment to keep his family happy with extra income gets his visa stamped and goes to the company travel department to collect his visa, the department then asks us to sign this. When we question the duration, they say it is a formality and nothing else. Any person with visa on hand will sign it since he trusts his company. But isnt the way of asking to sign at the last moment like deceiving the employee?

 Notice Period/pay is part of service conditions that are governed by   various enactments applicable to the establishment/employer/employee …………….and these being Act/Statue/Instrument of Law shall prevail upon any private agreement that employer has drafted and signed with employee/rule/policy e.g. appointment letter/Contract of employment/service agreement/HR policy/Service Rules and regulations etc ………………………………and any T&C that is inconsistent with enactments shall not survive.

 

 

1.Have you submitted notice of resignation! Do you have its proof of dispatch and delivery also?

 

You should submit Final resignation also, of course under proper acknowledgment?

 

2. Are you a member of Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc?

If not why? You should become a member and then it shall be easy to defend yourself from exploitation by unscrupulous employers.

 

What is this establishment: Commercial, Industrial? 

  Commercial software consulting

 

 

3. What was your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?

  I was a normal employee, a team member. nobody reports to me.

 

4. What was your salary: Basic,DA……..etc and total.

 

5. Was any salary slip, PF number and a/c slip of each year, ESIC card,Form16 issued to you?

  Yes

 

6. Was any change in notice period and other conditions supplied in writing to  you? Did you accept the changes in writing?

  Nothing other than the foreign assignment document


7. Did you get acknowledgment of notice/resignation, and acceptance?

  acceptance mail of resignation is received

 

8. Did you get appointment letter, Salary slip of all months?

 

appointment letter by hard copy and soft copy

salary slip is system generated

 

9. You should write under proper acknowledgment that NO tasks are pending at your end and routine duties be assigned that can be completed on daily basis and within and upto expiry of notice period tendered by you……………………and to whom you should handover the charge within and upto expiry of notice period tendered by you. have acknowledgment of handover from your colleague?

  There is nothing to handover since all tasks are completed and if i had not resigned i would have been assigned new tasks, ackowledged by the team leader/project manager

 

 

You may reply pointwise to each point!


 
Thanks hope the points help you

 
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FIN

You have posted that:

"But isnt the way of asking to sign at the last moment like deceiving the employee?"

 

If you decline to sign at the so called Last Moment then what are the penalties to be suffered say ......................VISA Cost (actual or as determined by Company)? Is there a published  document on it?

 

A correct answer may help!

 

You were in which state?

The Redg. office of the company is in which state?

How many persons are employed in the company?

 

If company has accepted resignation then has it supplied FnF statement showing recovery of so called Notice Pay of 12 months @ Basic pay (computation of leave encashment/Bonus/Gratuity/OT/earned wages,etc), service certificate,relieving letter,Form16,PF a/c slips of all years,?

Or have you demanded all of these docs?

If not by FnF how has company demanded payment of notice pay: verbally or in writing:: and how by cheque/DD/cash?

Has it denied to issue any doc until you pay?

Have you registered with NSR/NASSCHOM?

 

It seems that you shall have to agitate thru an able labor Law Consultant/Service matters lawyer/law firm and you should spend quality time in person with your counsel.

The able counsel even employee's union/Trade Union leaders.....................may apply their skills:::: arbitration,negotiation,conciliation and matter may be resolved.

 

It is easier for united employees.

However normally companies do not like to give up...................fearing that it may set a precedence.

However it is not impossible too, thru parleys with seasoned counsels.

Otherwise court of law is an option for company and employee.

 

You may reply pointwise and let us see if more inputs are possible.

 
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Advocate

From the query it appears to be an agreement not tenable in law.  You may take the advise of a local advocate in line with the suggestions made by expert Mr. Kumar Doab to tide over  the present crisis.

 
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