Confused About Notice Period While on Deputation in Australia – Can Anyone Clarify?

I am a software engineer who recently moved from India to Australia. I have a PR and am currently working on deputation for a major Indian IT company. My work duration is 9 weeks in Australia. I am unhappy with this, but the company has refused to extend it. It's been just two weeks here, and I already have received a decent offer from an Australian company. My teammates are confusing me, saying I need to provide 12 weeks of notice as is the norm in India. I am yet to speak to HR, but the moment I go to HR, my manager will get to know and may try to get my resignation delayed or rejected. I am confused. I saw on the NES website that the notice period is 4 weeks if I have served more than 5 years in the company (I have worked for the same company for 9 years in India). What will be my notice period? Can anyone advise?

Understanding Indian Labor Laws for Resignation

Your company is Indian-based, so all Indian labor laws are applicable as per your contract norms. Leaving the job abruptly sends a signal of an unreliable employee. It is advisable to try to complete your training period successfully and then go for resignation as per your contract. If there is a three-month notice period, ask your company for a remedy or relief by paying a cash penalty, which is usually a standard practice in many companies.

Exploring Other Opportunities

Exploring other opportunities is common nowadays. Try to avoid a negative approach with management. Instead, utilize your communication skills to convince them. All the best, sir.

You have to follow your company policies that were mentioned in your offer letter. You can go for Notice pay so that you can get the experience letter from HR.

Meanwhile, you should try to request some duration from your new company or ask them if they are okay with no experience letter if your current employer doesn't accept the resignation.

Notice Period in Australia

In many cases here in Oz, the notice period is often in line with how you are paid. For example, if you are paid fortnightly, it's a 2-week notice; if you are paid monthly, it's a month's notice. However, individual companies may have different policies.

The company may be Indian-based, but they are not exempt from following Australian labor laws if they have a branch here. However, I have very little knowledge of labor laws as I have been retired for 8 years. Much has changed over the years.

We don't have such a thing as experience letters here. It seems to be a peculiarly Indian thing, I suspect.