I have been working with this organization in for over 3 years.
In July 2014, they sent me to UK for a project. There were no timelines of the return dates which were signed or agreed upon. However a faint understanding was that i would be here for 3 to 5 months and another person would replace me. Now, While i am still here in UK, I have got an offer from a dream company in india and want to join them. I have resigned and am completing the notice period of 45 days which i plan to server till November 23 2014 (45 Days). Based on the 45 days notice period i have informed my new employer that i will report to work the day after the end of my notice period. 13 days have passed since i have resigned and i have sent enough email requesting them to arrange for me to come back to inda, plan the knowledge transfer etc, but they have not accepted my resignation and are now telling me not to consider 45 days as my notice period as i am onsite and there are visa dependencies to send someone to replace me in UK. I have checked my offer letter and below is what is mentioned :
" if and after you are confirmed in service, your employement will be terminable by either side by giving to the other one and half (1.5) Full calander months written notice. The said letter, to be valid and acceptable by the company, has to be acknowledged by both your manager and the HR"
There is no mention of any change in notice period mentioned if someone is onsite.
I cannot afford to skip the joining date of the new employer but my current employer is not co-operating even though i am co-operating to complete the notice period. I am really tensed about this situation. Please let me know how should i proceed for a smooth transition to my dream company. I am ready to take any kind of legal action on them if required as i do not want to lose this opportunity at any cost. Looking forward for your revert!
In July 2014, they sent me to UK for a project. There were no timelines of the return dates which were signed or agreed upon. However a faint understanding was that i would be here for 3 to 5 months and another person would replace me. Now, While i am still here in UK, I have got an offer from a dream company in india and want to join them. I have resigned and am completing the notice period of 45 days which i plan to server till November 23 2014 (45 Days). Based on the 45 days notice period i have informed my new employer that i will report to work the day after the end of my notice period. 13 days have passed since i have resigned and i have sent enough email requesting them to arrange for me to come back to inda, plan the knowledge transfer etc, but they have not accepted my resignation and are now telling me not to consider 45 days as my notice period as i am onsite and there are visa dependencies to send someone to replace me in UK. I have checked my offer letter and below is what is mentioned :
" if and after you are confirmed in service, your employement will be terminable by either side by giving to the other one and half (1.5) Full calander months written notice. The said letter, to be valid and acceptable by the company, has to be acknowledged by both your manager and the HR"
There is no mention of any change in notice period mentioned if someone is onsite.
I cannot afford to skip the joining date of the new employer but my current employer is not co-operating even though i am co-operating to complete the notice period. I am really tensed about this situation. Please let me know how should i proceed for a smooth transition to my dream company. I am ready to take any kind of legal action on them if required as i do not want to lose this opportunity at any cost. Looking forward for your revert!