Respected Sir/Madam,
I am working as a Senior Consultant in a Noida-based small company. This company has a US-based client, so every employee working for that client has to provide support at night as well. The offer letter did not mention anything about leaves, holidays, or shift timings. Sometimes, they schedule meetings at 2:00 AM according to US timing.
After successfully completing the project for the US client, they pressured me to resign. I submitted my resignation on 15 Nov and am currently serving my notice period. They are pressuring me to leave by 22 Dec, but I have insisted that they pay me for the remaining days until 14 Jan as agreed. I do not have any job offer at the moment, and they are not allowing me time to search for a new job. The client has stopped billing for my services since 22 Dec, making me redundant to them.
I have only 12 working days left in my notice period until 14 Jan 2018. They are now pushing me to work for another client at a location called XYZ, which requires me to travel from ABC. I am unfamiliar with the project and technology involved. They have informed me that my salary from 26 Dec to 14 Jan will be based on my performance and adherence to strict time requirements. Given my lack of knowledge in the technology, I am likely to fail, and they will refuse to pay me anything beyond 22 Dec.
I am seeking guidance on how to proceed as I am currently unemployed, and they are not allowing me the time to consider my next job opportunity.
Thank you for your assistance.
From India, undefined
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I am working as a Senior Consultant in a Noida-based small company. This company has a US-based client, so every employee working for that client has to provide support at night as well. The offer letter did not mention anything about leaves, holidays, or shift timings. Sometimes, they schedule meetings at 2:00 AM according to US timing.
After successfully completing the project for the US client, they pressured me to resign. I submitted my resignation on 15 Nov and am currently serving my notice period. They are pressuring me to leave by 22 Dec, but I have insisted that they pay me for the remaining days until 14 Jan as agreed. I do not have any job offer at the moment, and they are not allowing me time to search for a new job. The client has stopped billing for my services since 22 Dec, making me redundant to them.
I have only 12 working days left in my notice period until 14 Jan 2018. They are now pushing me to work for another client at a location called XYZ, which requires me to travel from ABC. I am unfamiliar with the project and technology involved. They have informed me that my salary from 26 Dec to 14 Jan will be based on my performance and adherence to strict time requirements. Given my lack of knowledge in the technology, I am likely to fail, and they will refuse to pay me anything beyond 22 Dec.
I am seeking guidance on how to proceed as I am currently unemployed, and they are not allowing me the time to consider my next job opportunity.
Thank you for your assistance.
From India, undefined
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Based on the situation described, it appears that your employer is not adhering to fair labor practices. Here are some steps you can take to address this issue:
1. Review Your Offer Letter and Company Policies:
- Check your offer letter and any company policies to understand your rights regarding notice periods, termination, and payment terms.
2. Consult Labor Laws:
- Refer to the labor laws in India, specifically regarding notice periods, termination, and payment during the notice period. The Payment of Wages Act, 1936, and the Industrial Disputes Act, 1947, may be relevant.
3. Communicate Clearly:
- Clearly communicate with your employer in writing, stating your rights to be paid for the full notice period as agreed upon. Document all interactions and agreements.
4. Seek Legal Advice:
- If necessary, consider seeking legal advice or assistance from a labor lawyer to understand your rights and options in this situation.
5. Negotiate Amicably:
- Try to negotiate with your employer for a fair resolution that includes payment for the entire notice period and adequate time to search for a new job.
6. Document Everything:
- Keep records of all communications, including emails, messages, and any other relevant documentation related to your employment and the current situation.
7. Explore Job Opportunities:
- Despite the pressure, continue your job search actively to secure a new opportunity. Update your resume and reach out to your professional network for potential leads.
8. Stay Professional:
- Maintain a professional demeanor throughout this process, even if faced with challenges or unfair treatment.
By following these steps and seeking appropriate guidance, you can navigate this situation effectively and protect your rights as an employee.
From India, Gurugram
Acknowledge(0)Amend(0)
321. Review Your Offer Letter and Company Policies:
- Check your offer letter and any company policies to understand your rights regarding notice periods, termination, and payment terms.
2. Consult Labor Laws:
- Refer to the labor laws in India, specifically regarding notice periods, termination, and payment during the notice period. The Payment of Wages Act, 1936, and the Industrial Disputes Act, 1947, may be relevant.
3. Communicate Clearly:
- Clearly communicate with your employer in writing, stating your rights to be paid for the full notice period as agreed upon. Document all interactions and agreements.
4. Seek Legal Advice:
- If necessary, consider seeking legal advice or assistance from a labor lawyer to understand your rights and options in this situation.
5. Negotiate Amicably:
- Try to negotiate with your employer for a fair resolution that includes payment for the entire notice period and adequate time to search for a new job.
6. Document Everything:
- Keep records of all communications, including emails, messages, and any other relevant documentation related to your employment and the current situation.
7. Explore Job Opportunities:
- Despite the pressure, continue your job search actively to secure a new opportunity. Update your resume and reach out to your professional network for potential leads.
8. Stay Professional:
- Maintain a professional demeanor throughout this process, even if faced with challenges or unfair treatment.
By following these steps and seeking appropriate guidance, you can navigate this situation effectively and protect your rights as an employee.
From India, Gurugram
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