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Rahul (business analyst)     13 January 2014

Serve notice period on offshore transfer

I am working in a IT organization and had joined the company on their US payrolls. In August 2013 I planned to move back to India around October 2013 and asked them to provide an opportunity in their Hyderabad office. The company initially did not find any opening in their Hyderabad office and put me on Notice as applicable under US Labor law and terms and condition as per my offer letter in USA. I moved back to India on my own cost and on return the company told me they found in opportunity in Hyderabad and I need to initiate transfer on their system to join Hyderabad office. 

I did initiate the transfer on system and joined the India office before even a new offer letter or transfer letter issued to me. I on several occasion tried to reach to HR to find out what my remuneration would be but it was not generated till Dec first week of 2013. The remuneration package offered to me was not in line to my expectations and I refused to accept the offer letter. Also I tried to engage with HR to re-negotiate my package. The company made it clear that they will not change the offer letter on which I resigned from the company on 12th December. After resignation the company is asking me to serve 3 months of notice period.

Since I have not signed my India offer letter Do I need to serve this 3 months notice period. The HR is stating that in my US offer letter they have a clause that company can transfer you to any location globally and that country policy will automatically apply to me. What are my options if I don't want to serve that three months notice period.

 



Learning

 4 Replies

S.QAISAR ALI ADV. (Advocate)     13 January 2014

if the matter is accepted by u  in reply to ur offer letter from co meaning thereby  contents of agreement or bond are binding upon both the the parties.open the concerned papers and actupon accordingly.

Rahul (business analyst)     13 January 2014

I have not accepted the offer letter and my email response states the same.

Kumar Doab (FIN)     13 January 2014

You have posted that:

----“The HR is stating that in my US offer letter they have a clause that company can transfer you to any location globally and that country policy will automatically apply to me.”

Record this statement (audio/visual) and if possible keep some witness with you.

Thereafter you shall be eligible for relocation expense, wages @ you have been drawing and for the period you have served in India without any appointment letter.

If you succeed to get this statement on record that should help you to claim that your resignation in USA has not been effected and you reported in India office as per instructions given in office.

----“Since I have not signed my India offer letter Do I need to serve this 3 months notice period.”

If your resignation has been accepted in USA and no more appointment letter was issued then notice period is not applicable to you...................

----“ on return the company told me they found in opportunity in Hyderabad and I need to initiate transfer on their system to join Hyderabad office. “

 

I did initiate the transfer on system and joined the

India office before even a new offer letter or transfer letter issued to me. 

If you have submitted joining report in India as ‘Transferred’ download such report and use it to claim that you were transferred.

If you were transferred then there is no need to resign and the wages you were already drawing should apply to you.

If in India low wages were offered to you then you can deny to accept it.

-----“ In August 2013 I planned to move back to India around October 2013 and asked them to provide an opportunity in their Hyderabad office.’

Do the relocation expenses apply as per policy in case of request transfer?

Do you have copy of policy, service codes and regulations, HR policy on such matters?

The whole game seems to be in order to deny this money to you.

----“ put me on Notice as applicable under US Labor law and terms and condition as per my offer letter in USA. “

Did you submit transfer request in writing and do you have the copy?

Did you resign in USA or company put you on notice period after transfer request in USA?

You may speak to your attorney in USA and a lawyer in India and evaluate if complaint in USA shall be more rewarding?

All depends upon record you have and merits of your case.

 

You may not hesitate to approach your lawyer.

Kumar Doab (FIN)     14 January 2014

It may very well be a myth., if the consultant is full time and worked LIKE AN EMPLOYEE.

The tribunals/Forums/courts of law have time and again been busting the myths.

If Consultant has been working like an employee fee would be treated as 'Salary'.

You may go thru:

 

https://www.lawyersclubindia.com/forum/Employees-on-retainer-ship-consultants-eligible-for-gratuity-68331.asp#.UtPzF9IW1MA


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