Last February 2011, I accepted an appointment letter as Manager from a company on the condition of joining after 1 month and countersigned the appointment letter. It stated that if I wish to leave the organization, I need to give 3 months' notice; otherwise, 3 months' salary would serve as compensation.
After 1 month, I went for joining as Manager. There, I was asked to submit my passport as the company decided to send me abroad for a project with their US-based sister concerns as an Operator. I agreed as it involved good money. For the initial month until the visa arrived, I was informed verbally to work as a Consultant rather than a Manager and was paid by cheque. Everything was communicated verbally, so to avoid any issues, I ensured to get all details from them through email.
Before flying, I signed a 1-year contract with the sister concern company, stating that I am their employee. In this scenario, am I considered an employee of the original company or its sister concern? After 3-4 months of the abroad project, I was sent back to India without any explanation. The original company is now interested in retaining me as Manager, but only through verbal statements with nothing in writing. Consequently, I declined to work with them by sending a resignation via email, to which no one responded.
After 1 month, I received a notice on the company's letterhead demanding 3 months' salary as compensation, which I disregarded. After a few more months, their lawyer sent me a notice to repay the 3 months' salary, and now I have received a court summons indicating that they have filed a case against me. In this situation, what should I do? I have all communication documents between the sister concern and myself.
Please advise on how I can respond to them. I am completely perplexed because, to my knowledge, if a company seconds someone to its sister concern or franchisee with an official document, it implies that the previously signed documents are null and void. Can I file a case against them and seek compensation from them as it was their sister concern that breached the contract, not me?
After 1 month, I went for joining as Manager. There, I was asked to submit my passport as the company decided to send me abroad for a project with their US-based sister concerns as an Operator. I agreed as it involved good money. For the initial month until the visa arrived, I was informed verbally to work as a Consultant rather than a Manager and was paid by cheque. Everything was communicated verbally, so to avoid any issues, I ensured to get all details from them through email.
Before flying, I signed a 1-year contract with the sister concern company, stating that I am their employee. In this scenario, am I considered an employee of the original company or its sister concern? After 3-4 months of the abroad project, I was sent back to India without any explanation. The original company is now interested in retaining me as Manager, but only through verbal statements with nothing in writing. Consequently, I declined to work with them by sending a resignation via email, to which no one responded.
After 1 month, I received a notice on the company's letterhead demanding 3 months' salary as compensation, which I disregarded. After a few more months, their lawyer sent me a notice to repay the 3 months' salary, and now I have received a court summons indicating that they have filed a case against me. In this situation, what should I do? I have all communication documents between the sister concern and myself.
Please advise on how I can respond to them. I am completely perplexed because, to my knowledge, if a company seconds someone to its sister concern or franchisee with an official document, it implies that the previously signed documents are null and void. Can I file a case against them and seek compensation from them as it was their sister concern that breached the contract, not me?