Madhu.T.K
Industrial Relations And Labour Laws
Kiran Purohit
Software Engineer

Hi ,
i joined this company 6 months back on the promise from HR about immediate onsite opportunity, however i am still waiting for onsite , they even promised about transport as i travel 32km one side everyday which they did not provide , now as they don't have resource and client is taking the project to some other vendor there is a chances of company forcing me to resign, what should i do as before i join this company i have a better offer with better pay which i declined as my present company promised onsite for 4 months, should i ask for separation amount as they are not able to delivered what they promised and even they technology they hired me is different and what they making me to work is different technology.
Regards
Kiran Purohit
From India, Bengaluru

Hope your appointment order contains a probation period and you are on probation right now. If so, you cannot demand for any separation pay but just leave the company. If you do not leave the company can very easily terminate your service without quoting any reason. On the other hand, if you are a conformed employee and you don't have any reportee under you, then you can demand a separation pay. This pay should not be more than one month pay if your establishment has less than 100 employees. It can be three months pay provided you have more than 100 employees in your establishment.
Now, if your position involves managerial powers, you can not demand any separation pay as a matter of right.
One thing more I would like to share is that every decision will involve an element of risk. This risk can be in the form of challenges that you face in the new job, the financial security in the new firm, or even job security. And your decision to leave the previous company and take up this present job also had a risk and it is nothing but job security. Whenever we change a job we will demand for a heavy hike in remuneration and it is just to cease the risk that we are demanding high increase in the salary. At the same time, imagine that you are working in a private sector company and you get an offer from a public sector organisation where the salary is lesser than the present one, you will take up the new job just because in the new job you feel that there would be financial security and job security and the risk of losing the job is very less.
From India, Kannur
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