Q & A Table of Contents
I Took A Break, Now They Won't Let Me Go Home
From: Venkata, Melbourne, Australia
Question: I am working in an Indian company and deputed to Australia for a period of one year. I do not want to be more than one year in Australia.
Due to my sister's marriage I took a break in India for 2 weeks after 8 months of completion in Australia. I came back after 2 weeks. According to my company rules if I took a break during the year I have to work for another 6 months from the day I returned to Australia.
Is there anyway that I can negotiate to go back India before 6 months from the day I arrived back after a break?
Response: If you knew about the company's rule against taking a break during your one-year contract, unless you got your supervisor's agreement allowing you the time off without penalty, it is likely to be extremely difficult to change your circumstances. This is especially true if you signed a written contract.
If you did not know about that rule, then it is perfectly reasonable to attempt to get the company to allow you to return to India at the end of your initial contract.
You should investigate Australian labor law to find out whether the company's rule against taking time off during the year is legal. Many countries' labor laws require that employees are given a certain minimum amount of vacation time each year they work. You may want to call the city government in Melbourne to find out what agency to call for labor law information. In the alternative you might contact a labor union for information.
If your contract is not governed by Australian law -- or if the laws do not require vacation time during the first year of employment, you may be stuck with the requirement to fulfill your obligation of an additional six months away from India.
The key lesson in all this is to read documents before you sign them. If your sister's marriage was anticipated before you began your job, you should have discussed this with your employer. Discussing the trip to India with your supervisor ahead of time -- which you may have done -- would also have been a good idea.
Good luck,
Steve
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