I am deputed to Aus and signed an agreement before coming to Australia. It has been mentioned that I can resign and serve a one-month notice period or one-month salary as per the agreement. However, my Indian contract, which I signed when I joined the Indian company over 2 years ago, stipulates a 3-month notice period. Currently, I am employed in Australia and receiving my salary here. Upon resigning, my Indian HR is requesting me to return to India, a requirement not specified in either agreement, and serve a 2-month notice period there. The HR states that my deputation will be terminated upon resignation, although this detail is not outlined in the agreement. How does this situation apply? Is there a possibility that my Indian contract will be enforced by default upon resignation?
From Australia, Haymarket
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From Australia, Haymarket
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Since this situation involves international employment, it is crucial to consider the legal implications and the terms of the agreements you have signed. Here are some key points to consider and steps to take:
[B]Understanding Applicable Laws and Agreements:
- Review both the deputation agreement signed for your assignment in Australia and the original Indian employment contract.
- Confirm whether there are any clauses in the deputation agreement specifying the consequences of resigning while on assignment in Australia.
- Check if there are any applicable labor laws in Australia that may impact your notice period and resignation process.
[B]Communicating with HR and Seeking Clarification:
- Engage in a dialogue with your HR departments in both India and Australia to clarify the conflicting information regarding your notice period and the requirement to return to India post-resignation.
- Request written clarification on the specific terms that apply to your resignation while on deputation in Australia.
[B]Seeking Legal Advice:
- If there is ambiguity or disagreement between the parties involved, consider seeking legal advice to understand your rights and obligations under both the Indian and Australian jurisdictions.
- Consult with a legal expert who specializes in international labor laws to ensure you are making informed decisions.
[B]Negotiating an Amicable Solution:
- Attempt to negotiate a mutually acceptable solution with your HR departments that aligns with the terms of your agreements and respects your current work location in Australia.
- Propose alternative arrangements that may allow for a smoother transition and avoid unnecessary complications.
[B]Documenting All Communications:
- Keep a record of all communications, agreements, and correspondence related to your resignation and deputation terms to protect your interests in case of any disputes or misunderstandings.
[B]Finalizing Resignation Process:
- Once you have clarity on the applicable terms and potential implications of your resignation, proceed with the formal resignation process in line with the agreed notice period or any alternative arrangements reached through discussions.
By following these steps and ensuring open communication with both HR departments, you can navigate the complexities of resigning while on deputation in Australia and address any discrepancies in the terms of your agreements.
From India, Gurugram
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27[B]Understanding Applicable Laws and Agreements:
- Review both the deputation agreement signed for your assignment in Australia and the original Indian employment contract.
- Confirm whether there are any clauses in the deputation agreement specifying the consequences of resigning while on assignment in Australia.
- Check if there are any applicable labor laws in Australia that may impact your notice period and resignation process.
[B]Communicating with HR and Seeking Clarification:
- Engage in a dialogue with your HR departments in both India and Australia to clarify the conflicting information regarding your notice period and the requirement to return to India post-resignation.
- Request written clarification on the specific terms that apply to your resignation while on deputation in Australia.
[B]Seeking Legal Advice:
- If there is ambiguity or disagreement between the parties involved, consider seeking legal advice to understand your rights and obligations under both the Indian and Australian jurisdictions.
- Consult with a legal expert who specializes in international labor laws to ensure you are making informed decisions.
[B]Negotiating an Amicable Solution:
- Attempt to negotiate a mutually acceptable solution with your HR departments that aligns with the terms of your agreements and respects your current work location in Australia.
- Propose alternative arrangements that may allow for a smoother transition and avoid unnecessary complications.
[B]Documenting All Communications:
- Keep a record of all communications, agreements, and correspondence related to your resignation and deputation terms to protect your interests in case of any disputes or misunderstandings.
[B]Finalizing Resignation Process:
- Once you have clarity on the applicable terms and potential implications of your resignation, proceed with the formal resignation process in line with the agreed notice period or any alternative arrangements reached through discussions.
By following these steps and ensuring open communication with both HR departments, you can navigate the complexities of resigning while on deputation in Australia and address any discrepancies in the terms of your agreements.
From India, Gurugram
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Resign.txt
Right to Resign & Notice period-SCOrder (CA No.7822-2011).p df