**** Unfair Notice Period in US by Indian company - 3 Months **** ***

[Legalhelp1]

Hi Forum,

My Status
I am currently employed with an Indian MNC IT company and got transferred to US on deputation/secondment. I am working on H1B Visa. Now I got an offer from company B and I am planning to change job.


Problem
My secondment letter mentions that I need to serve notice period of 3 months as per the original employment agreement (Appointment letter in India)

Here is exact paragraph in secondment letter

"You will continue to be governed by the terms and conditions of the employment contract except to the extent modified herein. You acknowledge that any temporary benefits made available while on Secondment may be withdrawn or altered at the discretion of the company. Termination of employment shall be as per contract of employment and company's severance policy, which mandates 3 months notice of termination"

This does not mention weather or not my employer is also mandated to follow 3 months notice as per US law

Questions

1. Can I give notice of 2 weeks or I have to serve complete period of 3 months ?
2. Can my company send me back to India after my resignation?
3. Can they force me (by not clearing my company reliving) to serve notice period in India?

Notes:

There is also a bond involved. The bond mentions I need to serve 3 months in offshore else pay $ 5K. I am ready to Pay bond amount


If it is true that they can enforce 3 months notice period in US don't you think they are starting a bad trend in industry?

Thanks in advance for taking efforts to read my post

[raghvi]

Hi Forum,

My Status
I am currently employed with an Indian MNC IT company and got transferred to US on deputation/secondment. I am working on H1B Visa. Now I got an offer from company B and I am planning to change job.


Problem
My secondment letter mentions that I need to serve notice period of 3 months as per the original employment agreement (Appointment letter in India)

Here is exact paragraph in secondment letter

"You will continue to be governed by the terms and conditions of the employment contract except to the extent modified herein. You acknowledge that any temporary benefits made available while on Secondment may be withdrawn or altered at the discretion of the company. Termination of employment shall be as per contract of employment and company's severance policy, which mandates 3 months notice of termination"

This does not mention weather or not my employer is also mandated to follow 3 months notice as per US law

Questions

1. Can I give notice of 2 weeks or I have to serve complete period of 3 months ?
2. Can my company send me back to India after my resignation?
3. Can they force me (by not clearing my company reliving) to serve notice period in India?

Notes:

There is also a bond involved. The bond mentions I need to serve 3 months in offshore else pay $ 5K. I am ready to Pay bond amount


If it is true that they can enforce 3 months notice period in US don't you think they are starting a bad trend in industry?

Thanks in advance for taking efforts to read my post

This seems more of an internal policy matters, hardly anything to do with immigration, if you have signed on the deputation letter you are more or less bound by it. And if there is provision for bond, talk to them about that.
1. Its company policy, I dont know if USCIS mandates all H1 to have only 2 Weeks notice policy.
2. As soon as you resign and if you dont have aj ob in hand which is willing to pay you from the next day, you would become out of status. The employer cannot force you to work for them, but as said, they can ask for the bond amount.

This is my opinion not legal advice.

[Legalhelp1]

This seems more of an internal policy matters, hardly anything to do with immigration, if you have signed on the deputation letter you are more or less bound by it. And if there is provision for bond, talk to them about that.
1. Its company policy, I dont know if USCIS mandates all H1 to have only 2 Weeks notice policy.
2. As soon as you resign and if you dont have aj ob in hand which is willing to pay you from the next day, you would become out of status. The employer cannot force you to work for them, but as said, they can ask for the bond amount.

This is my opinion not legal advice.

I haven't Signed it, but the letter says that

"You may please sign and return the copy of this letter to HRD as acknowledgement. in the event that signed letter is not returned to Human Resource before the start of assignment/visa extension/relocation and if you have taken up the assignment, it will be considered deemed acceptance of the stated terms and conditions therein"

Since I am already in US means I have taken up the assignment. But I am not sure if it will legally bind me?

[raghvi]

Well it is written that even if you dont sign it and return it, it means you accept the conditions.

This is my opinion not legal advice.

[akvadde]

Did you change the job?

What was the outcome? Did you give 3 months notice? Did they enforce the bond?