VIC On Permanent Residency - Resignation from Company?

[Janny]

Hi All,

Feeling a bit stressed because of my recent discussion with my employer, so looking forward for valuable suggestions from forum members.

Summary:
1) Was working in a software MNC's India office, and then resigned as I got Australian PR (Permanent Residency).

2) Company had some clients in Australia so offered me to place here on international assignment. Happily accepted their offer and withdrew my resignation. They do not have registered office in Australia. End date of assignment was mentioned as 16th June 2014(approx six months), but since more projects were keep coming up so still continuing on the job. It is not a contractual job as offer letter stated that it's a international assignment and I continue to be the employee of Indian subsidiary.

3) One of the anticipated project dint materialized so asked to either return back to India or resign! Since I am on PR and have ambitions to stay here for long term so returning back is not a reasonable option/choice. If I resign then I wont be given any financial benefit as given in redundancy, neither I would be allowed to serve notice period. It would be with immediate effect.

It seems like workplace bullying to me, and has put me under unnecessary stress.

 

[Sarah J]

Hi Jan,

If you are employed by the Indian subsidiary, and since they have no registered office in Australia, it sounds like you would be governed by Indian employment law.

This does not sound like bullying. Your international assignment has finished. You can elect to either go back to your employer in India or resign (which was your original option in the first place). The fact that you wish to stay in Australia and your circumstances make going back to India unappealing does not mean your employer is forcing you to resign.

 

[Janny]

Thanks for your reply Sarah.

I am getting Australian salary, and working here so i think law of the land would prevail, but not of India. For ex, as per Indian laws, you are supposed to work for 41.25 hours per week, but this is not applicable here in Australia. Here we work for 7.x hours and same has been put in the time sheets. Even though company does not have registered office in Australia, but if they are doing business here then they must be paying taxes as per Australian government rules. So, they need to follow Australian laws in all circumstances if they are running their shop here.

Practically, employer needs to give some reasonable option to employee. Sending back to some other location in Australia is reasonable, but sending back to some other country is unreasonable.

Lets say if I don't agree with either of the options, then what would they do? Sack me or make me redundant. If they make me redundant then redundancy package needs to be paid along with one month of notice. I am happy with that. If they sack me, then I think it would be better for me to take legal course.

Jan

 

[Sarah J]

Hi Jan,

Given that the employer sent you from India to Australia for a particular purpose, it is reasonable that they request you to return back to India after the assignment. If you do not wish to return, that is your choice but it would be unreasonable for the employer to continue supporting your employment in a different country unless they have assignments here and it is agreed under your employment contract.

You can contact the Fair Work Ombudsman to enquire about your position if you like.

 

[Sai]

Hi Sarah,
My situation is similar to Jan but in my case my company is well established in Australia but the managers in order to show grudge they are telling me to serve 1 month notice in Australia and 2 months in india. As per my indian offer letter I have 3 months of notice. Me and my husband got PR and we have relocated completely from India. Please help with your views.
Thanks

 

[Rod]

Read your employment contract and see what it says about giving notice.