I returned from onsite in the USA two months ago, and I have been unallocated for two months. I tendered my resignation one month ago, yet my current employer, XXX, is still reviewing my case even though the Resource Management Group has already approved it. If I do not join my new employer, YYY, next week, my new offer will be rejected. I already informed my current employer, XXX, about this joining date with the new employer, YYY, when the retention team spoke to me regarding my resignation.
Separation Policy of XXX
Below is XXX's separation policy which clearly mentions that XXX reserves the right to make me serve the full notice period only if the employee is on an assignment. However, what worries me is the onsite deputation agreement, which I signed before going to the USA. It states that I have to work for TCS for 90 days after the end of deputation. So far, HR has not referred to the onsite deputation agreement as they have stopped making such agreements recently, i.e., for employees who are going onsite lately. When I mentioned the separation policy that allows for a buyout since I am not on an active assignment, HR stated that it is purely at the discretion of ISU (units like regal, insurance, banking). I told them there is no mention of ISU in the separation policy. HR said they can't have a detailed separation policy.
Employer Separation Policy
a. No employee may resign except upon serving a formal notice of resignation and completing a notice period of 90 days.
b. If the employee requests to be relieved without serving the complete notice period, he or she is liable to pay liquidated damages towards the shortfall in the notice period, which is equal to the 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 the entire or partial notice period.
As I am not on assignment, I am going to the HR office every day to sign a paper. Please help me understand if the employer has the right to ask me to serve the full notice period. Can labor law support my case if I join the new employer without consent from XXX? Will labor law for separation/notice period take precedence over this onsite deputation agreement?
From India, Chennai
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Separation Policy of XXX
Below is XXX's separation policy which clearly mentions that XXX reserves the right to make me serve the full notice period only if the employee is on an assignment. However, what worries me is the onsite deputation agreement, which I signed before going to the USA. It states that I have to work for TCS for 90 days after the end of deputation. So far, HR has not referred to the onsite deputation agreement as they have stopped making such agreements recently, i.e., for employees who are going onsite lately. When I mentioned the separation policy that allows for a buyout since I am not on an active assignment, HR stated that it is purely at the discretion of ISU (units like regal, insurance, banking). I told them there is no mention of ISU in the separation policy. HR said they can't have a detailed separation policy.
Employer Separation Policy
a. No employee may resign except upon serving a formal notice of resignation and completing a notice period of 90 days.
b. If the employee requests to be relieved without serving the complete notice period, he or she is liable to pay liquidated damages towards the shortfall in the notice period, which is equal to the 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 the entire or partial notice period.
As I am not on assignment, I am going to the HR office every day to sign a paper. Please help me understand if the employer has the right to ask me to serve the full notice period. Can labor law support my case if I join the new employer without consent from XXX? Will labor law for separation/notice period take precedence over this onsite deputation agreement?
From India, Chennai
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Dear Rakesh Gupta,
The management has the right to demand fulfillment of the requirements under the Notice Pay clause either as agreed upon 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
From India, Mumbai
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305The management has the right to demand fulfillment of the requirements under the Notice Pay clause either as agreed upon 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
From India, Mumbai
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