I returned from onsite - USA 2 months before and I am unallocated for 2 months and tendered resignation one month back, still current employer XXX HR guys are reviewing my case even though REsource management group already approved. If Iím not joining my new employer YYY Next week, my new offer is going to get rejected. I already told this to my current employer XXX about this joining date with new employer YYY when retention team spoke to me regarding resignation. BELOW IS XXX Separation policy clearly mentions, XXX reserve right to make me serve full notice period ONLY if employee is on an assignment.
But what worries me is onsite deputation agreement which I signed before going to USA , says that I have to work for tcs for 90 days after the end of deputation.
So far HR is not referring onsite deputation agreement as they stopped making such agreement in the recent past. I.e for the employees who are going to onsite lately. When I told about the separation policy that I can take buyout since I am not in active assignment, HR said , it is purely the discretion of ISU (units like regal, insurance banking ). I told him there is no mention of ISU on separation policy. HR said , they canít have detail separation policy. Below is my employer separation policy
a. No employee may resign except upon serving a formal notice of resignation and completing notice period of 90 days.
b. In case the employee requests to be relieved without serving the complete notice period, he or she is liable to pay liquidated damage towards shortfall in the notice period which is equal to basic pay. The company reserves the right, if it is in the interest of the business and current assignment, to ask an associate to complete the notice period or adjust the earned vacation or basic salary in lieu of entire or partial notice period.
As I am not on assignment, I am going to HR office everyday to sign a paper. Please help if employer has the right to ask me serve full notice period?
Can Labour law support my case if I am going to join new employer without consent from XXX?
Will Labour law for separation /notice period take precedence over this onsite deputation agreement?
1st January 2019 From India, Chennai
Dear Rakesh Gupta
The management has right to demand to fulfill requirement under Notice Pay clause either as agreed as part of your terms of appointment or any other agreement signed by you later on, generally the latest one shall prevail.
Shailesh Parikh
99 98 97 10 65
Vadodara
2nd January 2019 From India, Mumbai
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