asha12 wrote:I have a contract with my company to work for 3 years and will be extended further by mutual consent of both parties. My contract clearly states how much will be my basic salary and the complete package salary to account for the house rent, car, etc.
My contract says that if i resign from my job within this 3 year period then i have to pay one months salary towards the expenses of visa, training, etc.
1) So is this a limited contract or a unlimited contract ?
2) If i terminate my job and pay the 1 month salary as compensation then am i entitled for a noc from my employer legally?
3) To terminate my job i have to pay 1 month's salary towards the visa, training,etc fees. Does that mean 1 month's baisc salary or the the completed package salary of 1 month.
Need feedback please.....
1. This sounds like a Limited Term contract. The type of contract is normally specified on the contract document. The compensation clause is particular to a limited term contract; the compensation is normally 1.5 months (6 weeks salary) payable by the party which breaks the contract. The compensation would be based on the BASIC salary component. Please note that because you are still under probation this does not apply to you!
2. NO. An NOC is not an entitlement and the sponsor is NOT obliged to give you one, it is at his/ her discretion. You should also be aware that if you break a Limited Term contract early (before the 3 years) for what-ever reason you will be banned - NOC or no NOC
3. This is not legal
. The employer cannot compel you to pay any costs associated with your employment, unless you gave false credentials and this is the reason for your probation being ended.
I want some clarification on your views as above.....
Point No. 1 - My contract doesnot specify if it is a limited or unlimited contract. ( DO i need to get it specified ? ) But my contract specifies that i have to pay 1 months salary if i want to resign within my contract period. That implies after the probation period. (and not 6 weeks salary, but there no mention of this 1 month's salary would be basic or whole package salary)
Point No. 3 I didnot understand it - U mean when in probation period and then removed by employer then offcourse i dont have to pay any thing. Also if the employer removes me then also i dont have to pay anything.
But it is not still clarified that if the employer removes me from my job during my probation period then do i still need a noc to get another job. ?
Thanks for providing for all the information needed. This will be useful for me to make the changes to my contract when still there is time as the employer is intending to renegotiate my contract after he has procured a visa for me. I think this not fair, that we wait for almost a month to get the visa then they renegotiate salary . We are stuck and have not choice if we want to avoid searching again from scrath.