Dear Team,
I worked for an Indian MNC that sent me onsite to Melbourne on a 457 visa. During the last few months here in Melbourne, there was no project, and the expected project start did not materialize. Consequently, they decided to release me from my position.
Upon my resignation from the company in Melbourne, the Project Account, where I was previously allocated, refused to give me any work allocation for the remaining days of the month. As a result, the local HR in Melbourne adjusted my onshore leave days and released me from the company within 9 days. This is in contrast to the onsite notice period of 30 days, but it was entirely their decision, not mine, to release me earlier.
Subsequently, the HR team in India sent me an email requesting payment for the 81-day notice period shortfall. In response, I clarified in an email that the decision to release me early was made by the project account, not by me, so I questioned my liability for the payment.
Just yesterday, they sent me a document demanding a significant amount, which includes the 81-day notice period shortfall and some additional charges. They stated that upon payment, they would release my relieving letter and related documents.
I seek your advice on how to proceed in this situation. Thank you.
From Australia, Moonee Ponds
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I worked for an Indian MNC that sent me onsite to Melbourne on a 457 visa. During the last few months here in Melbourne, there was no project, and the expected project start did not materialize. Consequently, they decided to release me from my position.
Upon my resignation from the company in Melbourne, the Project Account, where I was previously allocated, refused to give me any work allocation for the remaining days of the month. As a result, the local HR in Melbourne adjusted my onshore leave days and released me from the company within 9 days. This is in contrast to the onsite notice period of 30 days, but it was entirely their decision, not mine, to release me earlier.
Subsequently, the HR team in India sent me an email requesting payment for the 81-day notice period shortfall. In response, I clarified in an email that the decision to release me early was made by the project account, not by me, so I questioned my liability for the payment.
Just yesterday, they sent me a document demanding a significant amount, which includes the 81-day notice period shortfall and some additional charges. They stated that upon payment, they would release my relieving letter and related documents.
I seek your advice on how to proceed in this situation. Thank you.
From Australia, Moonee Ponds
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Dear friend,
Even though you were deputed on site to Australia, the terms and conditions of your employment were strictly as per the original and existing contract of employment between the Country Unit of the MNC and yourself unless otherwise specific modifications, if any, in the event of on-site deputation are provided therein.
From India, Salem
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6108Even though you were deputed on site to Australia, the terms and conditions of your employment were strictly as per the original and existing contract of employment between the Country Unit of the MNC and yourself unless otherwise specific modifications, if any, in the event of on-site deputation are provided therein.
From India, Salem
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Thank you, Umakanthan, for the reply.
In my deputation letter that was given to me before I came to Australia, it was mentioned that we shall be following all the policies of Australia for that company. In the India policy of separation, it is also clearly mentioned that if an employee requests an early release, he/she is liable to pay the notice period shortfall.
In that case, what would be your suggestion?
From Australia, Moonee Ponds
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In my deputation letter that was given to me before I came to Australia, it was mentioned that we shall be following all the policies of Australia for that company. In the India policy of separation, it is also clearly mentioned that if an employee requests an early release, he/she is liable to pay the notice period shortfall.
In that case, what would be your suggestion?
From Australia, Moonee Ponds
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Temporary Employment Visa Considerations
Sorry, I have no knowledge about temporary employment visas to work abroad. However, using common sense, if you are under an employer-sponsored temporary visa and are aware that you might be released due to a lack of work, how did you decide to resign? It is possible that you might have secured alternative employment in Australia. The separation conditions of the Australian unit might apply only to locally recruited and appointed employees, given that there are no expenses for visa sponsorship and travel incurred by the Indian MNC. The Melbourne HR manager might have just mechanically processed your resignation. At the very least, you could have clarified the situation with your Indian HR before resigning. Consider negotiating with your Indian MNC for a waiver of certain exit conditions as a special case.
From India, Salem
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Sorry, I have no knowledge about temporary employment visas to work abroad. However, using common sense, if you are under an employer-sponsored temporary visa and are aware that you might be released due to a lack of work, how did you decide to resign? It is possible that you might have secured alternative employment in Australia. The separation conditions of the Australian unit might apply only to locally recruited and appointed employees, given that there are no expenses for visa sponsorship and travel incurred by the Indian MNC. The Melbourne HR manager might have just mechanically processed your resignation. At the very least, you could have clarified the situation with your Indian HR before resigning. Consider negotiating with your Indian MNC for a waiver of certain exit conditions as a special case.
From India, Salem
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