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Sai (Analyst)     02 January 2012

Global transfer to india & no appointment letter

I was transfered by my company from USA office to India office and have been on India payroll since Oct 15th. I have not signed any appointment letter or any other document or agreement.

I have resigned and my company giving them 2 weeks notice as per my contract signed in USA. However my company is now asking me to serve notice period as per India policy.

Can my company deny me my final settlement and relieving  letter etc  since there is no seperate contract signed when I moved to India??

 

 

 


 



Learning

 1 Replies

Kumar Doab (FIN)     02 January 2012

While or after issuing the transfer order has this India Policy been issued/ circulated/ supplied to you?

Is there any mention of applicability of policies............during transfer in your contract?

The company has asked to serve the notice period as per India Policy in verbal or in writing?

Apparently in the absence of any policy having been supplied to you, you have complied as a good gesture to notice period clause of your contract by rendering your services for the entire period of notice instead of abrupt termination and  tendering notice pay in lieu of notice.

However company has initiated a conflict by asking to serve  notice period as per India Policy.

You may explain to the company  in writing that you have acted fairly in concurrence to the terms expressed in your contract and have not caused abrupt termination and no such India Policy was ever communicated to you.

You may apply your reasoning, persuasion, persistence, negotiation skills and convince your line management and HR and this shall be quickest and easiest solution.

If it is not difficult you may extend the notice period to a mutually agreeable time.

You must submit all company property and complete all tasks on hand and handover charge under proper acknowledgment , and thus leave nothing due t your end.

Foreign employers are also wary of law suits.

Technically company is under obligation to issue FNF statement, work experience/service certificate, relieving letter. If they do not supply same on their own, by your persuasion, you can take legal recourse.


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